Hubbard v. Spring River Power Co.

Citations

• 89 Kan. 446
• 131 P. 1182

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Watercourse — Dam—Overflow—Damages—When Action Accrues. Where lands are subject to overflow by reason of the erection and maintenance of a dam permanent in character, the owner who has not been compensated for the appropriation of his lands may, if he see fit, maintain an action to recover all damages occasioned to the lands, present and prospective, and such cause of action accrues at the time of the appropriation.</p> <p>2. - Former Adjudication — Plea of Res Judicata. The owner of lands adjacent to a dam erected as a permanent structure sued to recover damages to the lands by reason of their being subject to overflow. The answer set up the record and proceedings in a former action between the same parties wherein the plaintiff recovered damages to the land caused by the erection and maintenance of the dam. Held, that the facts pleaded constitute a good defense of res judicata and that a demurrer to the answer was rightly overruled.</p>