Murphy v. Fairmount Township

The opinion of the court was delivered by

West, J.:

The plaintiff sued the township and township officers to recover damages alleged to have been caused by overflow on account of a culvert constructed with an insufficient passageway for water, and also prayed that the defendants be permanently enjoined from maintaining such culvert in its present defective condition. A demurrer to the plaintiff’s evidence was sustained, and the defendants electing not to introduce any testimony the injunction was denied and the plaintiff appeals.

The question of damages is ruled by Fisher v. Township, 87 Kan.…