Scott v. Glenwood Township

Citations

• 105 Kan. 603
• 185 P. 731
• 1919 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Insufficient Culvert — Flooding Lands — Injunction — Substantial Injury Must be Shown. While a landowner is entitled to enjoin the maintenance of a culvert so constructed as to obstruct the flow of water and throw it back upon his land, causing him substantial injury and loss, he is not entitled to abatement unless the maintenance of the culvert and obstruction results in material injury and loss to him.</p> <p>2. Same — Culvert—No Substantial Injury Shown — Injunction Refused. Whether the injury resulting from the culvert was serious and substantial, or only slight and trival, was a question for the trial court, and it is held herein that the testimony sustains the findings of the court that the culvert does not cause substantial injury to the plaintiff.</p> <p>3. Same — Injimetion—Remarks of Trial Court. The gratuitous advice of the trial court that in the future the openings in culverts built in the vicinity should be made larger, did not operate to overthrow its findings and conclusion that the evidence did not warrant the granting of an injunction.</p>