[DOWNLOAD] "City Dallas v. Winans" by The Texas Court of Criminal Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: City Dallas v. Winans
• Author : The Texas Court of Criminal Appeals
• Release Date : January 23, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

O. C. Dickey, plaintiff, residing at 1318 Overton Road in the City of Dallas, Texas, instituted this suit against his next door neighbor to the west, Mrs. Leta Winans, residing at 1314 Overton Road, complaining that a concrete abutment erected by Mrs. Winans in the year 1952 across the front of her property caused floodwaters to be diverted so that the waters were made to flow onto and over his property. Defendant Winans answered, filed a cross-action against Dickey and also brought in the City of Dallas as a third-party defendant. As to the City, she claimed that the construction and maintenance of a culvert under and across Overton Road had changed the natural flow of surface water, greatly increasing the amount of the flow which her property would receive under natural conditions, and preventing the water from flowing over her property in a harmless diffused state. She sued for damages and also asked for a mandatory injunction either requiring the City to close the culvert, or to construct storm sewers large enough to handle the flow of surface waters. During the trial she abandoned her suit for damages.

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