Gilmore v. Royal Salt Co.

Citations

• 84 Kan. 729
• 115 P. 541
• 1911 Kan. LEXIS 407

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nuisances — Springs Contaminated by Percolation. One has no right to accumulate upon his own land refuse matter of' any sort, whether in itself offensive or not, by which the water underlying the land of a neighbor, and feeding springs thereon, is so affected through percolation as to be unfitted for its ordinary use or harmful to vegetation.</p> <p>2. - Proof of Source of Contamination Establishes Right of Action. Proof that a salt-mining company deposited a large quantity of refuse salt upon its land in such manner that by the action of the rain upon it the water underlying an adjacent tract was impregnated with salt through percolation, so as to' render it unfit for use and harmful to vegetation, establishes a legal wrong against the owner of such tract.</p> <p>8. - Injunction the Proper Remedy, if Equitable. Whether in such case relief may be had by injunction depends upon the equities of the -case, in view of the practical consequences of' the wrong and the means available for its correction.</p>