Board of County Commissioners v. Jacobs

The opinion of the court was delivered by

Graves, J.:

This action was commenced in the district court of Shawnee county by Joseph Jacobs, to recover damages sustained by him on account of an overflow of water from Bourbony creek upon his farming land caused by a bridge erected across such creek by the county commissioners of Shawnee county. The plaintiff recovered judgment for $775, and the county brings the case here for review.

There are several questions discussed in the briefs of counsel, but in the view we have taken one only need be considered. The bridge was erected by the county, where a…