Hornor v. City of Baxter Springs

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a judgment awarding the plaintiffs damages for the obstruction, by the defendant, of a watercourse, which caused injury to plaintiff’s property.

It was alleged that the plaintiffs owned lots, in the city of Baxter Springs, which sloped toward a draw and generally recognized watercourse, the water in which flowed into a river. It was averred that the city built a storm sewer in an alley adjoining plaintiff’s lots, and in doing so threw up an embankment in the watercourse, leaving no outlet for the water, so that…