Mathis v. Barnes
377 S.W.3d 926
Tex. App.2012Background
- Mathis and Barnes own adjoining rural properties in Anderson County, Texas, with Lake Creek running through both properties and Mathis’s land upstream.
- Mathis sought to cultivate pristine wetlands on his side near Barnes’s property, which were frequently flooded due to beaver dams and seasonal rainfall.
- Barnes built an earthen road across Lake Creek in September 2006 to access back pasture, effectively acting as a dam with multiple culverts installed to regulate water flow.
- By November 2006 water crossed the property line from Mathis to Barnes; Mathis requested road modification; Barnes added another culvert; the road washed away by mid-December, and wetlands retained less water thereafter; duck sightings declined.
- Mathis sued for nuisance, trespass, negligence, and gross negligence, seeking damages and injunctive relief; the jury found no liability on nuisance, trespass, negligence, or gross negligence; the trial court entered take-nothing judgment; on remand, the court affirmed the same.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is factually sufficient to support nuisance liability | Mathis argues flooding constitutes nuisance. | Barnes contends no substantial interference or pry. | Evidence supports the jury’s finding of no nuisance. |
| Whether the evidence is factually sufficient to support trespass liability | Mathis contends road-induced water encroachment was trespass. | Barnes argues no actionable trespass or damage. | Evidence supports the jury’s finding of no trespass. |
Key Cases Cited
- Dow Chemical Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (standard for factual sufficiency review; weigh all evidence)
- Mar Overseas Corp. v. Ellis, 971 S.W.2d 402 (Tex. 1998) (fact-finder credibility; cannot substitute judgment)
- Canal Ins. Co. v. Hopkins, 238 S.W.3d 549 (Tex. App.-Tyler 2007) (factual sufficiency review; great weight of evidence)
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) (credibility bound to fact-finder; cannot reweigh witnesses)
- Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986) (requirement to show that verdict is against the weight of the evidence)
- Warwick Towers Council of Co-Owners v. Warwick, L.P., 298 S.W.3d 436 (Tex. App.-Houston [14th Dist.] 2009) (nuisance; private vs. public impact)