City of Hutchinson v. Danley

The opinion of the court was delivered by

Johnston, C. J.:

The ownership of a block of ground which has béen used as a park for many years is involved in this action. In 1872 C. C. Hutchinson laid out the city of Hutchinson, and the block of ground in controversy was then dedicated as a public park and has since been known as Base'Ball Park. In 1877 a creek which ran through the park was straightened by the city. In it was a swimming pool and fishing place, to which the public has resorted ever since the plat was filed. The block has been used as a common and as a playground for children. In…