Burger v. City of Wichita

The opinion of the court was delivered by

Marshall, J.:

This action is one to recover damages to vacant city property caused by widening a drainage ditch and depositing the earth taken therefrom on the street in front of the property owned by the plaintiff. Judgment was rendered in favor of the plaintiff and against the defendants and each of them. They appeal.

The court made the following findings of fact and conclusions of law:

“I am finding for the plaintiff and against both defendants in this case in the sum of $500; $50 for damage for damming up water and causing it- to stand upon the lots,…