Gorman v. City of Rosedale

The opinion of the court was delivered by

Dawson, J.:

This was an action by a father for the death of his sixteen-year-old son, who was drowned at the entrance of an artificial tunnel which the city of Rosedale had bored through a hill for an outlet to the Kansas river to divert the water of a creek which theretofore had meandered back and forth through parts of Rosedale, Kan., and Kansas City, Mo., and which in wet weather was wont to subject parts of those cities to inundation and damage to life and *21property. In dry weather the creek was sluggish, serving as an open sewer for the two cities,…