Bingman v. Walter
Supreme Court of Kansas
Error from Pottawatomie district court; Robert C. Heizer, judge. STATEMENT. Walter brought this suit against Bingman. The petition alleges that the defendant has for several years? owned and maintained a mill-dam on ánd across Rock creek, below the junction of Rock creek and Elm slough, that Elm slough is a tributary which runs through the plaintiff’s land into Rock creek above the dam, and continues : “For several years past the defendant has owned and maintained a mill-dam…
Read the full summary
Error from Pottawatomie district court; Robert C. Heizer, judge. STATEMENT. Walter brought this suit against Bingman. The petition alleges that the defendant has for several years? owned and maintained a mill-dam on ánd across Rock creek, below the junction of Rock creek and Elm slough, that Elm slough is a tributary which runs through the plaintiff’s land into Rock creek above the dam, and continues : “For several years past the defendant has owned and maintained a mill-dam upon and across the said Rock creek, at a point about a mile below, and down the stream from, the junction of Elm…
1Opinion of the Court
"The opinion of the court was delivered by
Smith, J.:
It will be observed that the petition alleges that “at all times prior to the wrongful acts of -defendant hereinafter complained of” a certain condition of the stream existed on the plaintiff’s land, which he had obviated or remedied by building and maintaining a crossing or roadway across Elm slough. It is also apparent, although the allegations are somewhat ■disconnected, that the wrongful acts complained of relate to the raising and maintaining the height of the dam, which caused the alleged injuries.
It is contended by the defendant…
2Cases cited1 opinion
- Akin v. DavisSupreme Court of Kansas · 1873
3Cited by2 opinions
- Armstrong v. Banking Trust Co.Supreme Court of Kansas · 1915
- Busalt v. DoidgeSupreme Court of Kansas · 1913