City of Hutchinson v. Delano
Supreme Court of Kansas
Error from Reno District Court. On March 2, 1889, B. M. Delano commenced his action against the City of Hutchinson and others, to perpetually enjoin them from emptying sewage, or any filth or offal of the city, or from the houses, hotels, etc., into the waters of Cow creek, and from polluting the waters in any way. At the commencement of the action a temporary restraining order was allowed by the district judge.
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Error from Reno District Court. On March 2, 1889, B. M. Delano commenced his action against the City of Hutchinson and others, to perpetually enjoin them from emptying sewage, or any filth or offal of the city, or from the houses, hotels, etc., into the waters of Cow creek, and from polluting the waters in any way. At the commencement of the action a temporary restraining order was allowed by the district judge. Subsequently, the city of Hutchinson and the other defendants filed an answer alleging that the city was building and constructing a system of sewers for a portion of the city, and…
1Opinion of the Court
The opinion of the court was delivered by ;
Horton, C. J.:
It appears from the findings of the court ■ that B. M. Delano, who complains of the city of Hutchinson and its officers and employés on account of their action in constructing a system of sewers in that city, and of permitting the sewage to empty into Cow creek, lives five miles below the city of Hutchinson; that Cow creek is a clear, running stream of water, fitted for domestic and stock purposes; .that it runs through the city of Hutchinson and the premises of the plaintiff below; that the city of Hutchinson is con*350structing a system…
2Cases cited4 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Dunn v. City of AustinTexas Supreme Court · 1889
- Morgan v. . the City of BinghamtonNew York Court of Appeals · 1886
- Ayres v. Pennsylvania RailroadSupreme Court of New Jersey · 1890
3Cited by6 opinions
- Duggan v. City of EmporiaSupreme Court of Kansas · 1911
- Power v. RatliffMississippi Supreme Court · 1916
- Gardenhire v. Sinclair-Prairie Oil Co.Supreme Court of Kansas · 1935
- Princess Amusement Co. v. MetzgerIndiana Supreme Court · 1907
- Smith v. SilvertonOregon Supreme Court · 1914
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