Krantz v. City of Hutchinson

The opinion of the court was delivered by

Hoch, J.:

Plaintiffs owning land- in the vicinity of Hutchinson, Kan., seek to recover from the city for property damage from the overflow of floodwaters alleged to have resulted from the construction of a dike by the city officials. The city demurred to the petition on the ground that it did not state a cause, of action. The demurrer was sustained and this appeal followed.

The Atchison, Topeka & Santa Fe Railway Company was named as a codefendant, but inasmuch as the city alone is involved in this appeal, the action will be here treated as one against…