Thierer v. Board of County Commissioners

The opinion of the court was delivered by

Owsley, J.:

This is an appeal by plaintiffs, Henry and Nellie Thierer, from a decision of the trial court denying judgment for damages due to flooding and denying a mandatory injunction' against the defendant county commissioners. Defendants cross-appeal from a mandatory injunction ordering them to provide access to plaintiffs’ farm land by mean's of a suitable crossing over Thierer Branch of McDowell Creek.

Plaintiffs are owners and operators of a farm in Geary County, Kansas, through which meanders a stream. Their thirteen-acre tract of creek bottom…