State v. Lake Koen Navigation, Reservoir & Irrigation Co.

Citations

• 63 Kan. 394
• 65 P. 681
• 1901 Kan. LEXIS 158

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Irrigation — Highways—Mandamus. A proceeding in mandamus may be maintained by the state to compel an irrigation company to construct bridges over highways which it obstructs by its ditches.</p> <p>2, —--Duty of Company to Restore Highways. A corporation organized for irrigation purposes dug a canal, or ditch, which crossed public highways at different points along its course. Held, that it was the duty of the corporation to restore the highways intersected to a condition of usefulness and safety existing before the construction of the ditch, and it will be required to build all necessary bridges as a means to that end, Such duty is imposed by the common law, independently of statute.</p>