The basic rule is that the construction of sewers and drains is within the discretion of the governing body of the city so long as the city's action does not increase the flow of surface water across the land in question. City of Dallas v. Winans, 262 S.W.2d 256, 259 (Tex.Civ.App. — Dallas 1953, no writ); City of Houston v. Bryan, 2 Tex. Civ. App. 553, 22 S.W. 231 (1893, no writ); compare City of Houston v. Hutcheson, 39 Tex. Civ. App. 337, 81 S.W. 86 (1904, writ ref'd) (city liable for flooding where water diverted by paving street). Governmental immunity applies when a city exercises discretionary powers of a public nature embracing judicial or legislative functions.
" See, also, City of Houston v. Richardson Southerland, 42 Tex. Civ. App. 147, 94 S.W. 454; City of Houston v. Hutcheson (Tex.Civ.App.) 81 S.W. 86; City of Dallas v. Schultz (Tex.Civ.App.) 27 S.W. 292. However, it was error to render judgment for all the items stated above.