Wallace v. City of Winfield

The opinion of the court was delivered by

Johnston, C. J.:

This was an action begun by Charles M. Wallace against the city of Winfield to enjoin the construction ola dam across the Walnut river. The injunction was granted, and the city appeals.

Bordering upon the Walnut river is a tract of land known as the fair-ground tract, owned by the city of Winfield, and upon which is located the city’s water plant. Up the river from this tract are the Baden mills, and a dam across the river ; below it is the Tunnel mill, owned by plaintiff, with another dam across the river. In 1883 the city of Winfield…