Hazeltine v. Edgmand
Supreme Court of Kansas
Error from Cherolcee District Court. On June 27,1882, D. P. Haeeltme brought his action against Daniel H. Edgmand to recover damages from the defendant for permitting the water falling on the roof of his (defendant’s) building to be discharged against and upon the wall and building of plaintiff, and to obtain a restraining order, preventing the defendant from continuing the nuisance.
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Error from Cherolcee District Court. On June 27,1882, D. P. Haeeltme brought his action against Daniel H. Edgmand to recover damages from the defendant for permitting the water falling on the roof of his (defendant’s) building to be discharged against and upon the wall and building of plaintiff, and to obtain a restraining order, preventing the defendant from continuing the nuisance. At the commencement of the action, the probate judge of Cherokee county granted a temporary injunction, as prayed for in the petition, and fixed the amount of the undertaking at $200. On November 29, 1882, the…
1Opinion of the Court
*212The opinion of the court was delivered by
Horton, C. J.:
In the spring and summer of 1881, D. P. Hazeltine constructed a stone building, with a brick front and tin roof, upon his premises, in the city of Columbus, the side walls of which, from the top to the foundation, were about twenty-one feet; the length of the building one hundred and twenty feet; the foundation about three feet deep in the earth; and the walls above the foundation two feet thick; the east wall of the building being located oue inch west of the east line of his lot. In August, 1881, Hazeltine moved into his building, and…
2Cases cited2 opinions
- Bellows v. SackettNew York Supreme Court · 1853
- State Savings Ass'n v. A. J. Hunt & Co.Supreme Court of Kansas · 1877
3Cited by8 opinions
- Williamson v. City of HaysSupreme Court of Kansas · 2003
- Davis v. . Niagara Falls Tower Co.New York Court of Appeals · 1902
- Huber v. StarkWisconsin Supreme Court · 1905
- Ciconte v. ShockleyCourt of Chancery of Delaware · 1950
- Ciconte v. ShockleyCourt of Chancery of Delaware · 1950
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