Brooker v. Missouri Pacific Railroad

Citations

• 110 Kan. 263
• 203 P. 690
• 1922 Kan. LEXIS 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contract — Riparian Privileges — Use of Water by Railroad Company — Corn-tract Interpreted. A contract relating to use of water by the defendant from a creek which runs through the plaintiff’s land and which is crossed by the defendant’s right of way, interpreted, and held: The purpose of the contract was to secure to the defendant the privilege of taking water to the appropriation of which the plaintiff, as a riparian owner, might object; and the defendants privilege, as a riparian owner, of taking water to an extent which would not transgress the rule of reasonable use, was not relinquished.</p>