State ex rel. Dawson v. Kansas Flour Mills Co.

Citations

• 100 Kan. 425
• 164 P. 1170
• 1917 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — To Require Lowering of Milldam — Proof Required. A writ of mandamus will issue at the suit of the state to compel a corporation which is the owner of a dam to lower it to the height authorized by law; but before such a writ will issue, it must be shown by a clear preponderance of the evidence that the dam is higher than is authorized.</p> <p>2. Same — Right to Maintain Dam — Transferred to Corporation. A dam built by an individual under a special act of the legislature does not become illegal by reason of being transferred to a corporation.</p>