Atchison, Topeka & Santa Fe Railway Co. v. Shriver

Citations

• 101 Kan. 257
• 166 P. 519
• 1917 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Watercourse — Rights of Railway Company as Riparian Owner — Reasonable Use. A railway company as a riparian owner has the right to make reasonable use of the water of a stream for the purpose of supplying its engines and operating its railroad, reasonable use meaning such use as is consistent with the equal rights of other riparian owners.</p> <p>2. Same — Findings—Evidence. Findings of fact considered, and held, to be sustained by sufficient evidence.</p> <p>3. Same — Injunction—Grounds for, Ceased to Exist — Action Dismissed'.. Soon after the commencement of an injunction suit between riparian, owners respecting use of the water of a stream greatly depleted by unprecedented drought, the drought came to an end and the normal flow of the stream, sufficient for all uses, was restored. A preliminary injunction granted the plaintiff was .dissolved, an injunction in favor of the defendant was not granted, and the action was dismissed. Held, the discretion of the court was not abused.,</p>