Rait v. Furrow
Supreme Court of Kansas
Error from Geary district court; Oscar L. Moore, judge.. STATEMENT. This was a suit by J. G. Furrow to enjoin A. C. Rait from maintaining an embankment and thereby obstructing what is called a natural watercourse flowing through his land and upon that of Rait. The trial court made findings of fact from which it appears that Furrow owns a farm in Geary county, and adjoining it on. the‘east is a farm owned by Rait.
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Error from Geary district court; Oscar L. Moore, judge.. STATEMENT. This was a suit by J. G. Furrow to enjoin A. C. Rait from maintaining an embankment and thereby obstructing what is called a natural watercourse flowing through his land and upon that of Rait. The trial court made findings of fact from which it appears that Furrow owns a farm in Geary county, and adjoining it on. the‘east is a farm owned by Rait. The south part of the two farms is hilly land, and the remainder is bottom-land which is nearly level. Two ravines, beginning in the hills, come down on Furrow’s land and are…
1Opinion of the Court
*105The opinion of the court was delivered by
Johnston, C. J.:
Is the stream in question a natural watercourse? If it is, the embankment which obstructs its flow is a nuisance which was properly enjoined; but, on the other hand, if it is a vagrant outburst, which temporarily overflows the surface of the land, it is to be treated as surface-water — a common enemy against which Rait was entitled to fence. A watercourse consists of a channel, with banks, and bed, and running water. There must be a source of supply, a defined channel, and permanence of flow. In Gibbs v. Williams, 25 Kan. 214, 87 Am.…
2Cases cited24 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Barnes v. SabronNevada Supreme Court · 1875
- Mitchell v. BainIndiana Supreme Court · 1895
- Gregory v. BushMichigan Supreme Court · 1887
- Palmer v. WaddellSupreme Court of Kansas · 1879
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
- Garrett v. BeersSupreme Court of Kansas · 1916
- McCausland v. JarrellWest Virginia Supreme Court · 1951
- In re German Ditch & Reservoir Co.Supreme Court of Colorado · 1913
16 more not listed; retrieve them via the Exa API.