Topeka Water Supply Co. v. City of Potwin
Supreme Court of Kansas
Error from Shawnee District Court. Ti-ie Topeka Water Supply Company commenced its action in the court below against the city of Potwin, its officers and employés, to- perpetually enjoin the construction of a system of sewers for carrying off filth, excrement and refuse matter of the city into the Kansas river above the wells of the company, and also to prevent the officers, agents and employés of that city from using the river for any like purpose.
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Error from Shawnee District Court. Ti-ie Topeka Water Supply Company commenced its action in the court below against the city of Potwin, its officers and employés, to- perpetually enjoin the construction of a system of sewers for carrying off filth, excrement and refuse matter of the city into the Kansas river above the wells of the company, and also to prevent the officers, agents and employés of that city from using the river for any like purpose. Trial at the April term, 1889. The court made special findings of fact, and stated its conclusions of law thereon. This proceeding is prosecuted…
1Opinion of the Court
*408The opinion of the court was delivered by
Valentine, J.:
This case was decided by this court on November 9, 1889, and the judgment of the court below was reversed, and the court below was directed to grant a perpetual injunction against the defendants, as prayed for in the plaintiff's petition. In due time a motion for a rehearing was filed in this court by the defendants; and that motion is now before us for consideration. The writer of this opinion must admit that he did not understand this case as well as he ought to have understood it when the judgment of this court was rendered; and it is…
2Cases cited2 opinions
- Wood v. FowlerSupreme Court of Kansas · 1882
- City of Emporia v. SodenSupreme Court of Kansas · 1881
3Cited by3 opinions
- Humphreys Oil Co. v. LilesCourt of Appeals of Texas · 1924
- Jackson-Walker Coal & Material Co. v. HodgesDistrict Court, D. Kansas · 1918
- Scott v. Glenwood TownshipSupreme Court of Kansas · 1919