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HERNDON v. G. C. McBRIDE, INC.

No. 3568.

342 S.W.2d 10 (1960)

C. O. HERNDON et ux., Appellants, v. G. C. McBRIDE, INC., Appellee.

Court of Civil Appeals of Texas, Eastland.

November 23, 1960.

Attorney(s) appearing for the Case

Callaway & Callaway, Brownwood, for appellants.

Griffin & Griffin, Brownwood, for appellee.

COLLINGS, Justice.

C. O. Herndon and wife brought this suit on July 24, 1959, against G. C. McBride, Inc., for damages in the sum of $7,500, alleged to have been suffered by plaintiffs on account of seepage of water from a ditch on the side of and across the road from plaintiffs' land, into which ditch defendant had discharged the water. Plaintiffs alleged that their land was on a lower elevation than the ditch, and that water discharged therein by defendant seeped...

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