Dodge City Water, & Light Co. v. Alfalfa Land & Irrigation Co.

The facts as hereinafter set out are those most favorable to the defendant in error that can be drawn from the admissions and evidence in the case. The question of law is whether upon such facts the judgment can be sustained,

i Prior to September 1, 1887, the Dodge City Water-supply Company, a Kansas corporation, had been granted a franchise by the city of Dodge City to lay water-mains in the streets of that city and supply the inhabitants thereof with water, and it had erected and was then maintaining a water-works system in said city. Its stand-pipe was very near the north line of the…