Akin v. Davis
Supreme Court of Kansas
Error from Wilson District Court. Action brought by Davis, February 21st 1871, against Andrew Akin, C. G. Akin, Henry Akin, and Charles M. Akin, to recover damages sustained by reason of the mill-dam of the defendants flowing the waters of the Verdigris river back upon and over plaintiff’s lands, to compel defendants to abate or lower their mill-dam to a certain point, and to perpetually enjoin and restrain defendants from raising and maintaining their mill-dam, etc.
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Error from Wilson District Court. Action brought by Davis, February 21st 1871, against Andrew Akin, C. G. Akin, Henry Akin, and Charles M. Akin, to recover damages sustained by reason of the mill-dam of the defendants flowing the waters of the Verdigris river back upon and over plaintiff’s lands, to compel defendants to abate or lower their mill-dam to a certain point, and to perpetually enjoin and restrain defendants from raising and maintaining their mill-dam, etc. The petition contained two counts. The defendants moved to compel the plaintiff to make his petition more definite and certain.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*5871. Overflowing lands. Uniting different causes of action. *586This was an action brought by Lewis F. Davis against Andrew Akin and others for damming the Verdigris river on their own land so as to cause the water to rise in the channel where said river flows through the plaintiff’s *587land. The facts stated in the plaintiff’s petition constitute two causes of action, and are stated in two separate counts. The first count states facts sufficient to constitute a cause of action for the injuries caused by said dam. The second count states facts…
2Cases cited3 opinions
- Nelson v. MatherSupreme Court of Kansas · 1869
- Blood v. LightCalifornia Supreme Court · 1866
- People ex rel. Blood v. MooreCalifornia Supreme Court · 1866
3Cited by17 opinions
- Ablah v. EymanSupreme Court of Kansas · 1961
- Douglass v. LoftusSupreme Court of Kansas · 1911
- MacKey-woodard, Inc. v. Citizens State BankSupreme Court of Kansas · 1966
- Tootle v. KentSupreme Court of Oklahoma · 1903
- Sipes v. PessemierSupreme Court of Kansas · 1936
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