Knotts v. City of Coffeyville

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs sued to recover damages occasioned by the city so constructing a sewer as to cause sewage to flow into an open stream running across land owned by the plaintiffs. They recovered judgment, and the defendant appeals.

The facts shown by the evidence were that the plaintiffs owned about 100 acres of land adjoining the city on the southwest; that the city had constructed á sewer on a street which ran east and west through the city; that the sewer became so clogged that sewage could not flow through it; that the city, to remedy the…