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BLOCHER v. McARTHUR

No. 10478.

303 S.W.2d 529 (1957)

Arch C. BLOCHER, Jr., et ux., Appellants, v. D. E. McARTHUR, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 29, 1957.

Attorney(s) appearing for the Case

L. Tonnett Byrd, Austin, for appellant.

Hollers & O'Quinn, Austin, for appellee.

GRAY, Justice.

Appellants, Arch C. Blocher and his wife, Mildred, sued to recover damages caused to their apartment by the diversion of surface waters. They alleged that their damage was caused by: (1) the diversion of surface waters; (2) the negligent construction of a retaining wall, and (3) the maintenance of a private nuisance.

The suit was filed against D. E. McArthur who died. Mozelle McArthur, Executrix of...

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