Dykes v. Long

Citations

• 95 Kan. 176
• 147 P. 1092
• 1915 Kan. LEXIS 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Watercourse — Diversion of Water — Dam to Create a Pond— Injunction Refused. The owner of land through which flowed a small stream, sufficient to supply stock water for pasture, built a dam to create a pond, chiefly for hunting and fishing, a spillway being provided through which the overflow passed into the original channel. This was done with the knowledge of, and without any objection from, a lower riparian. owner, who expressed a favorable opinion of the project. During the second summer thereafter the stream below the dam ceased to flow. The owner sought an injunction against the maintenance of the dam and was denied that relief. Held, that in view of all the circumstances the ruling was not erroneous.</p>