State v. City of Concordia

The opinion of the coürt was delivered by

Burch, J.:

The state of Kansas brought a suit for an injunction to restrain the city of Concordia from committing a public nuisance by discharging sewage into an abandoned channel of the Republican river lying outside but near the city limits. The material portions of the petition are the following:

“That said defendant for a long time past has discharged and now discharges its sewage and other noxious substances upon premises near or adjoining said city on the north, thereby producing noxious and disagreeable gases and odors injurious and dangerous to…