Mathewson v. McLean

The opinion of the court was delivered by

Burch, J.:

The action was one of mandamus, commenced by landowners against the city of Wichita and its officers, to compel restoration and maintenance of a bridge across a drainage canal constructed by the city. Plaintiffs recovered, and defendants appeal.

*456Desiring to provide an outlet for storm waters, the city proceeded, under chapter 92 of the Laws of 1911 (R. S. 13-1055), to acquire right of way for a drainage canal and to construct a drainage canal extending from the city limits to a stream less than five miles distant. Under the statute, the city…