Venard v. Cross
Supreme Court of Kansas
Error from Ooffey District Oovrt. Achon brought by Venard against Gross, to enjoin defendant from flowing plaintiff’s lands, and to abate defendant’s mill dam.
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Error from Ooffey District Oovrt. Achon brought by Venard against Gross, to enjoin defendant from flowing plaintiff’s lands, and to abate defendant’s mill dam. The petition stated that V&nard was the owner in fee of certain lands, (describing them,) situated on Neosho river, and that across said river and on said lands there was a ford, and a public highway duly and legally established over said river at the place where said ford was upon said land; that said highway was his only means of ingress and egress to said land; that defendant Gross was the owner in fee of certain other lands,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by the plaintiff in the district court to abate a mill dam, and perpetually enjoin defendant from maintaining it. Upon the final hearing judgment was rendered for defendant, and the plaintiff brings the case here on error.
l. public nuiinjury; pui»vate actFons. Two grounds for relief are alleged in the petition; first, the flowing by the erection of the dam of land owned by plaintiff; and second, the flowing of a ford, across the Neosho River, so as to make it impassable, upon which ford and across which river was a…
2Cases cited3 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Olmstead v. CampSupreme Court of Connecticut · 1866
- Norton v. GrahamSupreme Court of Kansas · 1871
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- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Culwell v. Abbott Construction Co.Supreme Court of Kansas · 1973
- Cushing - Wetmore Co. v. GrayCalifornia Supreme Court · 1907
- Village of Sandpoint v. DoyleIdaho Supreme Court · 1908
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