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

No. 8177.

473 S.W.2d 598 (1971)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. Durward MAHON et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 6, 1971.

Attorney(s) appearing for the Case

McWhorter, Cobb & Johnson (Charles L. Cobb), Lubbock, for appellant.

Worley & Wright (Mike Worley), Wagonseller & Cobb (Robert L. Stogner) (Kent Wagonseller), Fred O. Senter, Jr., City Atty. (James P. Brewster), Lubbock, for appellees.

JOY, Justice.

This is a water flooding case in which the jury found that the defendant, The Atchison, Topeka and Santa Fe Railway Company, violated its statutory duty by constructing a roadbed for its railroad track without first providing the necessary culverts or sluices as the natural lay of the land required for the drainage of said land. The jury found that plaintiff Durward Mahon's property sustained damage proximately caused by the breach of said statutory...

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