ARCHER, Chief Justice.
This is an appeal from a judgment of the District Court entered upon a jury verdict in favor of appellee, growing out of a suit filed by appellant against appellee alleging that appellant's land had been taken or damaged as a result of water or effluent being discharged into the Blanco River about one fourth mile northwest of appellant's property, and which flows down the river onto appellant's land where it collects and stands in large holes...
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