City of Hutchinson v. Wegner

Lees, C.

Appeal by defendant from an order denying a new trial of an action to enjoin him from cutting off the flow of water from an artesian well connected with the city water mains.

The complaint alleged that the land on which the well was located had been conveyed to defendant on March 6, 1920; that ever since the year 1894 the well supplied the city with all its water; that it was connected with the waterworks in that year pursuant to an agreement between the city and H. H. Ames, who was then the owner of the land; that the agreement was that the city should supply water for use at a flour…