Legal Opinion

Gibbs v. Williams

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 37 opinions

Error from Cloud Distriet Court. ActioN brought by Gibbs against Williams and two others, to recover damages for the obstruction of an alleged watercourse. Trial at the August Term, 1879, of the district. ■court, and judgment for the defendants. Gibbs brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action in which the plaintiff ■sought to recover of the defendants for obstructing a watercourse, whereby his cellar was flooded and property destroyed. The pivotal question is as to the existence of a water-course, ■or anything having so far the attributes of a water-course as to forbid interference with it by the owner of the soil. It is not pretended that there was any constant stream, any general flow of water. Indeed, it is perfectly plain that the only water flowing down this alleged water-course was the temporary…

2Cases cited3 opinions

  1. Howard v. IngersollSupreme Court of the United States · 1852
  2. Hoyt v. City of HudsonWisconsin Supreme Court · 1871
  3. Palmer v. WaddellSupreme Court of Kansas · 1879

3Cited by37 opinions

  1. Gray v. Reclamation District No. 1500California Supreme Court · 1917
  2. Simmons v. WintersOregon Supreme Court · 1891
  3. New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
  4. Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
  5. Rait v. FurrowSupreme Court of Kansas · 1906

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