33

Now comes J. A. Edelbrock and presents this his
claim as against the City of Fort Worth for damages to his
property situated in the City of Fort Worth, same being lots
Number 11 and 13 Block Number 4 of Moodies & Evans Subdivis-
ion of Block Number 20 Field's Addition to the City of Fort
Worth and shows to the commission that his said property has been
damaged by the City of Fort Worth by reason of the following
facts, to-wit:

That heretofore, to-wit: the 6th days of March, 1908,
and just previous thereto, said City by and through its agents,
the City Engineer, and those in his employ, so constructed, ar-
ranged, and had constructed certain grades, side walks, street
fillings, etc., so as to change the natural flow of surface
water accumilated from rains upon ground in the vicinity of
plaintiff's property and diverted it from its natural channels
and caused it to flow upon, flood, and inundate plaintiff's said
lots and premises, and to surround his house with water, sediment,
etc., brought in from the streets of said City and from adjacent
property situated thereon, so as to greatly damage and injure his
said lots and premises. That but from the negligence and wrongful
construction of said grades, etc., as aforesaid, said water would
not and did not previous thereto flow upon and damage said proper-
ty as above mentioned; that if said City through its said agents
had used due diligence and care they could with but little cost to
said City divert said water so as to protect claimant's said prop-
erty from the damages cuased by reason of the facts as above men-
tioned; that said damages are of a permanent nature and will con-
tinue to increase in amount and will finaly, if said property
is not relieved therefrom practically ruin said lot and premises