Broughton v. Kansas Flour Mills Corp.

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages to crops on land belonging to the plaintiff damaged by flood water in 1927, alleged to have been caused by a dam maintained by defendant. Plaintiff recovered, and defendant has appealed.

The legislature, by the Laws of 1869 (ch. 46), as amended by the Laws of 1870 (ch. 64), authorized Christian Hoffman to construct and maintain a dam, not exceeding nine feet in height, across the Smoky Hill river: “Provided, however, That this act shall not be held or construed so as to relieve said Hoffman from being liable for…