Baldwin v. Ohio Township

Citations

• 70 Kan. 102
• 78 P. 424
• 67 L.R.A. 642
• 1904 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. SURFACE-WATERS — Right to Drain into a Natural Watercourse. The owner of lands through which a natural watercourse flows may accumulate surface-waters falling upon lands adjacent thereto and drain the same into such stream without becoming . liable to a lower riparian owner for damages, so long as the natural capacity of the stream is not exceeded.</p> <p>2. -No Liability for Incidental Injuries, or Where Capacity of Natural Stream is Not Exceeded. An upper proprietor of lands is not liable to a lower proprietor for damages caused by diverting surface-water and casting it into a natural watercourse passing through both estates, where such diversion is occasioned by the improvement of the upper estate, in good faith, and where the injury is incidental, small, or not occasioned by the stream’s natural carrying capacity’s being exceeded.</p> <p>S. -Road-overseer — Highway—Drainage—Damages. A road-overseer, in good faith, made a substantial improvement to a highway by grading it and cutting a ditch along its side, whereby surface-waters were gathered and drained into a natural watercourse flowing across such highway, to the damage of a lower riparian proprietor. Held, that such proprietor could not recover damages, or enjoin the maintenance of such ditch, it not appearing that such damages were occasioned by the overflow of such stream by reason of the increased flow of water therein.</p>