Marcy v. Fries
Supreme Court of Kansas
Error from Nemaha District Court. The subjoined opinion of the court states all necessary facts, and proceedings. "Verdict and judgment in favor of Fries, defendant, at the October Term 1875, and Marcy, plaintiff, brings the case here. contended that the benefits of the mill, in which the plaintiff participates only in common with his neighbors generally, cannot be reckoned or deducted from his special injury by the overflowing of his land, caused by the dam. 1 Hil. on…
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Error from Nemaha District Court. The subjoined opinion of the court states all necessary facts, and proceedings. "Verdict and judgment in favor of Fries, defendant, at the October Term 1875, and Marcy, plaintiff, brings the case here. contended that the benefits of the mill, in which the plaintiff participates only in common with his neighbors generally, cannot be reckoned or deducted from his special injury by the overflowing of his land, caused by the dam. 1 Hil. on Torts, 643, §18; 24 Barb. 273; 3 Chand. 46; Sedgw. on Dam. 48, 137; 17 Me. 123; 48 Me. 163; 42 Penn. St. 58; 32 N. H. 90; 17…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to recover damages for the flooding of plaintiff’s land by the erection of a dam by the defendant. We shall notice but a single question, for the error in the ruling of the district court upon this was not only material, but changed the entire scope and character of the inquiry. The defendant erected both a dam and mill, the former to furnish power for the latter. The dam backed the water up the stream so that it overflowed plaintiff’s land. The mill was on defendant’s land, and of no special benefit to plaintiff’s farm,…
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