McDaniel v. City of Cherryvale

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover for permanent injuries to the plaintiff’s land caused- by the pollution of Drum creek which ran through the land. Drum creek, in its natural state, it was alleged, was a stream of good wholesome water, suitable for live stock and also for culinary and domestic purposes, and was used for such purposes by the plaintiff, James McDaniel, until it became polluted. It was alleged that in 1905 the city of Cherryvale constructed a system of sewers through which sewage was discharged into Drum creek, thus polluting…