Rolens v. City of Hutchinson

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a judgment refusing to grant a temporary injunction against the city of Hutchinson, in which suit the. court was *619asked to restrain the city from the construction of an open drainage ditch across the appellants’ lands. The appellants are the grantees of A. J. Malick, who owned a small tract of land in the city of Hutchinson, across which Cow creek, a tortuous stream carrying considerable water, flows. On the west side of appellants’ lands a drainage canal had been built by the city for the purpose of carrying off…