State v. City of Concordia

Citations

• 78 Kan. 250
• 96 P. 487
• 1908 Kan. LEXIS 47

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Municipal Corporations — Sewers—Nuisances. The power ' granted to cities of the second class to build and maintain sewers does not warrant the commission of a public nuisance through their agency..</p> <p>2. •-■ Same. The statute of 1,887 providing that cities of . the second, class may exercise the right of eminent domain in order to connect sewers with creeks, rivers and ravines does not warrant the commission of a public nuisance as the result of such connection.</p> <p>3. - Same. In planning and in maintaining systems of sewerage cities of the second class must make due provision . against public nuisances resulting from occurrences naturally and reasonably to be anticipated.</p>