Parker v. City of Atchison
Supreme Court of Kansas
Error from Atchison District Court. Hon. Robert M. Eaton, Judge pro tem. This was an action brought by the City of Atchison against James W. Parker and W. W. Guthrie to enjoin them from obstructing the channel of White Clay Creek and to compel them to remove certain obstructions which they had placed therein.
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Error from Atchison District Court. Hon. Robert M. Eaton, Judge pro tem. This was an action brought by the City of Atchison against James W. Parker and W. W. Guthrie to enjoin them from obstructing the channel of White Clay Creek and to compel them to remove certain obstructions which they had placed therein. The defendants denied that they had unlawfully obstructed the stream ; and alleged that the City had, by artificial obstructions, diverted the creek from its natural channel in such a way as to cause water to overflow and injure their property, to their damage in the sum of ten thousand…
1Opinion of the CourtJohnston, J.
11 &wkey;ama?notp11' change channel. The foregoing findings of fact as to the character and effect of the barrier erected and proposed to be erected along the channel of the creek by the plaintiffs in error, must be accepted in this court. It is somewhat difficult to understand why a barrier so low and frail should imperil or injure substantial improvements like those of the City on the other side of the stream, but there is testimony in the record tending to support that finding, and, therefore, that injury will result, must be regarded as an established fact in this court. Ordinarily, there…
2Cited by30 opinions
- McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
- Dougan v. Rossville Drainage DistrictSupreme Court of Kansas · 1988
- Clark v. AllamanSupreme Court of Kansas · 1905
- Johnson v. Board of County CommissionersSupreme Court of Kansas · 1996
- Henderson v. TalbottSupreme Court of Kansas · 1954
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