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STONER v. CITY OF DALLAS

No. 16458.

392 S.W.2d 910 (1965)

Jack V. STONER, Appellant, v. CITY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 23, 1965.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Miller & Martin, and Frank L. Skillern, Jr., Dallas, for appellant.

N. Alex Bickley, City Atty., and Kenneth C. Dippel, Asst. City Atty., Dallas, for appellee.

BATEMAN, Justice.

The appellant Jack V. Stoner sued appellee City of Dallas for damages to his home resulting from the alleged diversion of flood waters of South Ash Creek, which flows adjacent to his home. The trial court sustained the appellee's motion to dismiss the suit on the ground that the petition failed to state a cause of action. The appellant pitched his suit upon the alleged violation by appellee of Vernon's Ann.Civ.St. Art. 7589a, which provides in part...

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