Kaw Valley Drainage District v. Kansas City Southern Railway Co.

The opinion of the court was delivered by

West, J.:

The Kaw Valley Drainage District prays for a writ of mandamus against the Kansas City Southern Railway Company, compelling it to raise its bridge across the Kansas river six and five-tenths feet, and to remove its old bridge, superstructure, abutments, piers, piling and wreckage. The plaintiff alleges that the federal government established harbor lines along the river, which lines coincide substantially with those established by the plaintiff for a levee; that by statute the plaintiff is given authority to determine the height of the…