Opinion
Application No. 16391.
Decided February 6, 1929.
1. — Waters and Watercourses — Injunction.
Refusal of temporary mandatory injunction compelling power corporation to lower waters raised by a dam so as not to overflow plaintiffs' lands or obstruct natural flow of river adjacent thereto, held not abuse of discretion where injury could readily be compensated in damages and was small in comparison with injury to defendant which would flow from granting such injunction.
2. — Statute — Water Rights — Condemnation — Interference With Water Wheel.
The correctness of the construction given to Article 7584, Rev. Stats., by the appellate court in this case (9 S.W.2d Series, 436, 437) is here questioned, the decision rendered being sustained on other grounds, as to which the opinion is approved.
Application to the Supreme Court for writ of error by Kuehler and others against the Texas Power Corporation. Writ refused with written opinion.
Dietman Gettinger and Wm. H. Russell, for appellant.
A. J. Wirtz and R. A. Weinert, for defendant in error, in Court of Civil Appeals.
We think the temporary injunction was rightly refused for the reasons given in paragraph two of the opinion of the Court of Civil Appeals as published in 9 S.W.2d , pages 436 and 437, although we are inclined not to agree with the construction given to Article 7584 by that Court as applied to the water wheel.