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Miller v. Letzerich

49 S.W.2d 404, 121 Tex. 248, 85 A.L.R. 451, 1932 Tex. LEXIS 115
CourtTexas Supreme Court
DecidedApril 6, 1932
DocketNo. 4834.
StatusPublished
Cited by76 cases

This text of 49 S.W.2d 404 (Miller v. Letzerich) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Letzerich, 49 S.W.2d 404, 121 Tex. 248, 85 A.L.R. 451, 1932 Tex. LEXIS 115 (Tex. 1932).

Opinion

Mr. Chief Justice CURETON

delivered the opinion of the court.

In a suit brought by the defendants in error the trial court enjoined the plaintiff in error Isley and his tenant Miller from repairing an existing levee and ditch, and from extending it, which they were then doing, so as to divert the natural flow of surface waters from the land of Isley on to that of the defendants in error. This judgment was affirmed on appeal, and the case is before us by writ of error. 292 S. W., 560.

This opinion is confined to a discussion of the law of surface waters due to precipitation, while flowing over the ground in a diffused state. The topographic map in the record shows the locus of this controversy, and tells the story of the cause of the complaint better than descriptive words. We have caused a copy of the map, reduced in size and scale, to be prepared to accompany this opinion, for which due acknowledgment is made to the State Reclamation Department.

Taking the residence (marked “Isley Residence” by us for convenience) as the focal point, we will undertake to state the “lay of the land.” The small sinuous contour lines pass through points of equal elevation above sea level. The Isley residence, on the highest ground shown, has an elevation of 225 feet. From this residence the terrane slopes downward at a comparatively low gradient east, south, and southwest. Letzerich’s land is located about 4,000 feet south and southwest of the resi-

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Bluebook (online)
49 S.W.2d 404, 121 Tex. 248, 85 A.L.R. 451, 1932 Tex. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-letzerich-tex-1932.