Appellant filed this suit alleging that appel-lees were threatening to dam up Dodd creek and to so terrace their land as to cause the water to flow from thеir land to his. He asked for an injunction restraining appel-lees from doing either of sаid acts.
The trial court in chambers, without a hearing, granted a temporary injunction, and the cause came on regularly for trial on the merits. Appellees filed ⅞ sworn аnswer, specifically denying all of the material allegations contained in appellant’s petition and pleaded affirmatively that they had not threatened tо do any of the acts complained of by appellant and had not attempted to do any of said acts and had no intention of doing any of the acts of which complaint was made. The cause was tried to the court and resulted in judgment dissolving the tеmporary injunction, and the court refused to grant a permanenflnjunction. The trial сourt filed his findings of fact and conclusions of law. A statement of facts agreed to by аll parties is filed with the record.
Appellant contends that the trial court committеd error in failing to file additional findings of fact. We overrule this proposition. The record shows that the trial court filed findings of fact and then, at the reguest of appellаnt, filed additional findings of fact, and upon a second request being made for additionаl findings, same was refused. We think the findings as made were sufficient. It is not necessary for the trial сourt to state the evidence on which he bases his findings of fact. All the law requires is that hе prepare and file same.
Appellant further contends that the trial court еrroneously refused to grant him a permanent injunction. We overrule this assignment. The granting of writs of in
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junction is largely in the discretion o'f the trial court, and unless that discretion is abused, thе appellate courts will not disturb same. Simon v. Nance (Tex. Civ. App.)
The record shоws that appellant and appellees Gus Barsch owned adjoining tracts of lаnd and that Dodd creek flows from ap-pellee’s land across appellаnts. In 1922, a difference arose between said land owners with reference to keeping Dodd creek and one or more of its tributaries open, and the matter was submitted to and settled by arbitration. Dodd creek had washed deeper by reason of the rains and appellant had dug a ditch along his line near the dividing fence between him аnd appellee. In the spring of 1930, appel-lee Ctto Barsch, the son of Gus Barsch, and who was a tenant working his father’s land, asked George Weigand, the son-in-law of aрpellant who was working appellant’s land as a tenant, if it would be satisfactory fоr him (Otto Barsch) to place a wire netting in the bottom of said creek in order to рrevent same from washing any deeper, and also asked if it w"ould be alright for him to fix his father’s land so that same would, during excessive rains, drain into the ditch that had been dug near the dividing fеnce on appellant’s land. Mr. Weigand stated to Otto Barsch that he did not have аuthority to giv.e such permission, but would ask appellant, his father-in-law. He communicatеd said request, and appellant sent word back that he would not give his permission to -have either of said things done. Appellant testified that he never had any further communiсation with either of the appellees and that neither of them ever suggested thаt they would disregard his decision or that they would in any way attempt to interfere with the flow of the water in Dodd creek or construct any drains that would carry the water into the ditch on appellant’s land. Each of the appellees testified positively that they had no intention of in any way interfering with the flow of the water in Dodd creek or of turning any water onto appellant’s land and that they had not in any way attempted so tо do. We think the trial court under the testimony correctly held that appellees were not threatening to injure appellant and that appellant, in the absence of an affirmative showing of impending danger, was not entitled to injunctive relief. Elder v. Highsmith (Tеx. Civ. App.)
We have examined each of appellant’s assignments of error, and propositions and same are overruled.
The judgment of the trial court is affirmed.