LANCE v. CITY OF MISSION

No. 10277.

273 S.W.2d 950 (1954)

C. D. LANCE, Appellant, v. CITY OF MISSION et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 5, 1955.


Attorney(s) appearing for the Case

Ewers, Cox & Toothaker, Charles Elick, McAllen, for appellant.

Cox, Patterson & Freeland, McAllen, for City of McAllen.

Sid L. Hardin, Edinburg, for City of Edinburg.

Hill, Lockridge, King & Hodson, Mission, for City of Mission.


ARCHER, Chief Justice.

This is an appeal from the order of the trial court sustaining appellees' motion for summary judgment.

Appellant Lance brought suit for damages to his crops caused by inundation by water diverted to his land through a ditch allegedly controlled by appellee cities, used by the appellees to drain Moore Field. The appellee cities, also called Tri-cities, moved for summary judgment on the primary basis that in an earlier suit Lance pursued...

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