Ball v. Hardesty
Supreme Court of Kansas
Error from Lincoln District Court. Action by Hardesty against Ball, to recover damages for the erection and maintenance of a dam in the Saline river, and to enjoin the maintenance thereof at such a height as to back water upon and against the plaintiff's mill. 1 Trial by a jury, at the adjourned September Term, 1885, and judgment for the plaintiff for $40 damages, and the injunction disallowed. The defendant brings the case here. The opinion states the facts.
1Opinion of the Court
Opinion by
Clogston, C.:
This action was brought to recover damages for the erection of a mill-dam in the Saline river at a point some six miles below the mill of the plaintiff, and to enjoin its maintenance at such a height as to cause the water to back up upon the mill of the plaintiff. Plaintiff alleged that he was and is the owner of a mill on the Saline river, and that in 1883 the defendant erected a mill on said stream some six miles below plaintiff's mill, and raised the dam to such a height that it caused the water in said stream to back up and upon the mill and wheel of his mill, to…
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- Ryan Gulch Reservoir Co. v. SwartzSupreme Court of Colorado · 1928
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