Wallace v. City of Winfield

The opinion of the court was delivered by

Johnston, C. J.:

In this action Charles M. Wallace, the owner of a mill and mill dam on the Walnut river, seeks to recover the sum of $49,500 for water pumped and taken from his mill pond by the city of Winfield and sold by it to the inhabitants of the city. He also seeks to enjoin the defendant from going on with certain condemnation proceedings, the building of a dam and the appropriation of the water for the use of the people of the city.

To supply water to the city and its inhabitants the defendant has erected a plant upon a piece of land known as…