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ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. PORTER

No. 7674.

411 S.W.2d 615 (1967)

The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Appellant, v. Mrs. U. B. PORTER et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied February 20, 1967.

Attorney(s) appearing for the Case

McWhorter, Cobb, Johnson & Cobb, Lubbock, Charles L. Cobb, Lubbock, of counsel, for appellant.

Lawrence F. Green, Lubbock, Splawn & Maner, John F. Maner, Lubbock, of counsel, for appellees.

CHAPMAN, Justice.

This is a suit by Mrs. U. B. Porter, et al., seeking to recover against the appellant railroad company for alleged diversion of the natural flow of surface waters by the construction of a culvert through their roadbed by which they prevented such waters from flowing over their land "* * * in a harmless and diffused state," thus causing damage to their property in violation of Article 7589a, Vernon's Ann. Revised Civil Statutes of Texas.

Appellant...

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