Johnston v. Hyre

Citations

• 83 Kan. 38
• 109 P. 1075
• 1910 Kan. LEXIS 467

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Watercourses — Diversion and Return of the Stream. The owner of land through which flows a running stream of water in a well-defined channel has a right to divert the stream from the channel upon his own land, provided he returns it unimpaired to the channel upon his own land.</p> <p>2. ■— - Surface Water Accumulated and Cast in a Volume upon Adjacent Land. The owner of land is not responsible for injuries occasioned by the flow of surface water from his land upon adjacent lands, but if he causes it to be accumulated and cast in a volume upon the land of his neighbor he is responsible for the increased damages, if any, caused thereby.</p> <p>3. Lateral Support — Injury to Which Plaintiff Contributed— Damage Not Apportionable. A landowner has a right to dig a ditch upon his own land, along and adjoining the land of another, so long as the effect thereof is such as not to interfere with the lateral support of his neighbor’s land; but if the lateral support of his neighbor’s land is removed and damage results therefrom, without fault on the part of the neighbor, he is responsible therefor. If the neighbor, by any act or acts, assembles a quantity of water and casts it into the ditch in such a manner as to increase the injury to his own land, and the amount of injury done by each is not apportionable, he can not recover.</p>