Davis v. Sim

The opinion of the court was delivered by

Dawson, J.:

The plaintiff recovered judgment for damages to his farm and for loss and damage to his personal property caused by the breaking of a dam belonging to defendants and the consequent releasing of a large volume of water which flooded his property on May 31, 1908. For some years prior thereto the defendants had maintained a dam across Clear creek in Afton township, Sedgwick county, about four miles northwest of plaintiff’s farm. The dam was about three hundred feet long, fifty-seven feet wide at the bottom, and eight feet wide at the top. At…