Palmer v. Waddell
Supreme Court of Kansas
Error from, Atchison District Court. At the November Term, 1877, of the district court, Wad-dell, as defendant, recovered judgment against John W. Palmer, John Palmer, and James W. Palmer, as plaintiffs, in an action by them brought against Waddell to recover damages for unlawfully digging ditches and erecting and maintaining certain dams and obstructions in a certain water-course, whereby the water was turned away from defendant’s lands, and upon the lands of the said…
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Error from, Atchison District Court. At the November Term, 1877, of the district court, Wad-dell, as defendant, recovered judgment against John W. Palmer, John Palmer, and James W. Palmer, as plaintiffs, in an action by them brought against Waddell to recover damages for unlawfully digging ditches and erecting and maintaining certain dams and obstructions in a certain water-course, whereby the water was turned away from defendant’s lands, and upon the lands of the said Palmers. The plaintiffs bring the case here. The facts appear in the opinion.
1Opinion of the Court
*353The opinion of the court was delivered by
Horton, C. J.:
On July 10th, 1876, plaintiffs in error •filed their petition in the district court of Atchison county, •claiming damages of the defendant in error for unlawfully •digging ditches and erecting and maintaining certain dams and obstructions in a certain channel and natural watercourse, whereby the water was turned off the land of the defendant, and over the lands of the plaintiffs. The plaintiffs asked judgment in the sum of $2,000 for damages caused by acts of defendant, and further prayed an abatement of the nuisance, and an injunction to…
2Cases cited14 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Gilmore v. NortonSupreme Court of Kansas · 1872
- Tate v. Ohio & Mississippi RailroadIndiana Supreme Court · 1858
- Murray v. HayNew York Court of Chancery · 1845
- Bellows v. SackettNew York Supreme Court · 1853
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3Cited by39 opinions
- Los Angeles Cemetery Ass'n v. City of Los AngelesCalifornia Supreme Court · 1894
- Rice v. City of EvansvilleIndiana Supreme Court · 1886
- Gibbs v. WilliamsSupreme Court of Kansas · 1881
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
- Union Trust Co. v. CuppySupreme Court of Kansas · 1882
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