Jobling v. Tuttle
Supreme Court of Kansas
Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. Plaintiff is the owner of a hotel at Geuda Springs, in Cowley county., He brought this suit to enjoin the proprietor of the Geuda mineral springs from denying to him and to the guests and servants of the hotel free access to, and use of, the mineral waters of the springs.
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Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. Plaintiff is the owner of a hotel at Geuda Springs, in Cowley county., He brought this suit to enjoin the proprietor of the Geuda mineral springs from denying to him and to the guests and servants of the hotel free access to, and use of, the mineral waters of the springs. His claim is that an easement had been acquired by himself and his predecessors in title to the free and uninterrupted use of the waters. As set out in the petition, this claim is founded, first, upon prescription; second, upon an executed parol contract.…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The first complaint we shall notice is of error in finding No. 25 made by the court. This finding in substance is that prior to purchasing the springs defendant had no knowledge or notice that the Loomis *359hotel property had any special right to the use of the waters other or greater than that enjoyed by the general public. Plaintiff contends that this is not a finding of fact but a conclusion of law; that there was no issue raised by the pleadings in reference to what the rights of the public were in the use of the springs. The petition,…
2Cases cited19 opinions
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Simmons v. . CloonanNew York Court of Appeals · 1880
- City of Emporia v. SodenSupreme Court of Kansas · 1881
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Faulkner v. RondoniCalifornia Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Williams v. City of WichitaSupreme Court of Kansas · 1962
- Arensman v. KitchSupreme Court of Kansas · 1946
- Lindenmuth v. Safe Harbor Water Power Corp.Supreme Court of Pennsylvania · 1932
- Dotson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Federal Savings & Loan Insurance v. UrschelSupreme Court of Kansas · 1945
12 more not listed; retrieve them via the Exa API.