Arnold v. C. Hoffman & Son Milling Co.

*55The opinion of the court was delivered by

Johnston, C. J.:

L. D. Arnold, the appellant, brought this action against the appellees, The C. Hoffman & Son Milling Company, C. Hoffman, C. B. Hoffman, The Hoffman Elevator Company, and the Chicago, Rock Island & Pacific Railway Company, to recover damages resulting from an overflow of the Smoky Hill river and the destruction of his crops, caused, as it was alleged, by the joint action and wrong of the appellees. The case has been here before on appeal. (Arnold v. Milling Co., 86 Kan. 12, 119 Pac. 373.) Appellant'alleged that he owned land on the…