Sample v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin removal of a bridge. Injunction was denied, and the plaintiffs appeal.

The plaintiffs’ land is bounded on the south by the Kansas river and on the north by the Delaware river. Neither river is fordable. The land is bounded on the west by a tract 100 feet wide, owned by a drainage district. ' On this tract a dike has been constructed which extends from river to river. The dike is 32 feet wide at the bottom, 8 feet wide at the top, and from 8 to 14 feet high. The remainder of the strip was excavated to procure…