Harding v. Funk
Supreme Court of Kansas
Error from Jefferson District Cou/rt. The case in tbe district court was an appeal by Earding from tbe award of commissioners appointed by the district court to assess damages under tbe Mill-Dam Act. John Fmik and William Dailil erected a mill dam on their own lands, and thereby caused tbe water to overflow tbe lands of Eardvng.
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Error from Jefferson District Cou/rt. The case in tbe district court was an appeal by Earding from tbe award of commissioners appointed by the district court to assess damages under tbe Mill-Dam Act. John Fmik and William Dailil erected a mill dam on their own lands, and thereby caused tbe water to overflow tbe lands of Eardvng. Tbe commissioners awarded no damages to Eard/mg; and on tbe appeal, tbe jury, in tbe district court, found that Ea/rdvng’s land bad not been injured. Ea/rcbmg brings tbe case here by petition, in error. 1. Tbe defendants in error bad no lawful right to institute any…
1Opinion of the Court
The opinion of the court was delivered by
YAummcE, J.:
On the 7th of March, 1868, defendants in error filed their ex pcurte petition in the office of the clerk of the district court of Jefferson county under an act of the legislature entitled “An act to authorize the erection and maintenance of Mill-Dams and Mills,” approved February 6th, 1867, in which petition, among other things, said defendants in error in substance said they “have erected and are *318maintaining upon their own land in the village of Osawkee, in the county and State aforesaid, it being in the southeast quarter of section…
Also in this document: Concurrence.
2Cases cited20 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Olmstead v. CampSupreme Court of Connecticut · 1866
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Hankins v. LawrenceIndiana Supreme Court · 1846
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3Cited by7 opinions
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Varner v. MartinWest Virginia Supreme Court · 1883
- Oury v. GoodwinArizona Supreme Court · 1891
- Dodge v. Mission Tp.Court of Appeals for the Eighth Circuit · 1901
- Smith v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1913
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