City of Emporia v. Soden
Supreme Court of Kansas
Error from Lyon District Court. INJUNCTION, brought by Soden against the City of Emporia, the mayor and the council thereof, and Russell and Alexander, partners.
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Error from Lyon District Court. INJUNCTION, brought by Soden against the City of Emporia, the mayor and the council thereof, and Russell and Alexander, partners. The plaintiff alleged that — “He is now and for more than one year last past has been the owner of certain real estate situated in the county of Lyon, and state of Kansas, lying and being on both sides of the Cottonwood river, including said river and its banks,, and described as follows, to wit: Commencing at a corner 17 rods west of a point 64 rods south of the northeast corner of the northwest quarter of section 22, township 19,…
1Opinion of the Court
The opinion of the court was delivered.by
Bbewee, J.:
This case presents some questions which are new in the history of this state, and upon which, indeed, few authorities can be found anywhere. The facts are these: Soden is the owner of some mills, built on his own land, on the banks of the Cottonwood river. These mills are propelled exclusively by water power. To secure this power Soden erected and maintains a dam, which raises the water some seven or eight feet, and makes above the dam quite a pond. The mills are of great value, having cost many thousands of dollars. Soden’s title to this…
2Cases cited16 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Stein v. BurdenSupreme Court of Alabama · 1854
- The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- McCoy v. McCoySupreme Court of Oklahoma · 1911
- Williams v. City of WichitaSupreme Court of Kansas · 1962
- Clark v. AllamanSupreme Court of Kansas · 1905
31 more not listed; retrieve them via the Exa API.