Liston v. Scott

Citations

• 108 Kan. 180
• 194 P. 642
• 1921 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Surface Waters — Rights of Landowner Respecting Control of Surface Waters. In cities, where the common-law rule respecting surface waters is still in force (Gen. Stat. 1915, § 4050, as amended by Laws 1917, ch. 176, § 1), the landowner has the right to use and improve his own land for the purposes for which similar land is ordinarily used; he may build upon it, or raise or lower its surface, even though the effect may be to shed surface water over land upon which it would not otherwise go. (Mo. Pac. Rly. Co. v. Renfro, 52 Kan. 237, 34 Pac. 802. See, also, Bryant v. Merritt, 71 Kan. 272, 80 Pac. 600.)</p> <p>2. Same — Action to Abate Nuisance — Demurrer to Petition Properly Sustained. In an action to abate an alleged nuisance and for damages to city property claimed to result from conditions created by an adjoining lot owner by which water falling upon defendants’ house, concrete walk and lot was cast upon plaintiff’s premises, held, a demurrer to the petition was properly sustained, since it appeared that the water which fell upon the house (there being no eaves trough or conductors), ran down the concrete walk to the rear of defendants’ house and there mingled with the water that fell upon all the premises of defendants, thus becoming mere surface water which followed the natural slope of the ground, so much of it as was not taken up by the soil, finding its way to the plaintiff’s premises.</p>