City of Wichita v. Krauss

The opinion of the court was delivered by

Fatzer, J.:

This appeal is from a judgment assessing damages on a temporary injunction bond. The action out of which it arises was commenced by the city of Wichita in September, 1956, for a tempo rary and permanent injunction enjoining the appellee, Jacob G. Krauss, from interfering with the installation of a pipeline in the city’s right of way and easement across his land.

The petition alleged an easement and right of way had previously been acquired by the city in condemnation proceedings which set forth its public use as being,

“for the purpose of…