Jack v. Stoner v. City Dallas

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 appellees 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 Vernons Ann.Civ.St., Art. 7589a, which provides in part: