Siler v. Dreyer

The opinion of the court was delivered by

Wertz, J.:

Defendant appeals from an order of the trial court permanently enjoining him from maintaining and operating certain sand-pumping- equipment in the Kansas river landward of the water’s edge and in front of the property leased by plaintiffs. The injunction was based on a finding that the Kansas river is subject to the control of the state only from water’s edge to water’s edge.

The facts necessary to a decision on the question involved follow: Plaintiffs (appellees) and defendant (appellant) both operate sand plants on the Kansas river in…