Taylor v. Newman

Citations

• 91 Kan. 864
• 139 P. 369
• 1914 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>'Trespass to Real Property — Obstructing River Channel — Statute of Limitations. In an action for trespass to real property the petition alleged that the defendant, who owned land bordering on the Arkansas river, wrongfully built and maintained a permanent obstruction in the channel of the stream, which for twenty-four months prior to the commencement of the action and continuously thereafter had diverted the natural flow of the water to the opposite bank, and maintained a permanent obstruction in the channel of plaintiff’s land. Held (following Parker v. City of Atchison, 58 Kan. 29, 48 Pac. 631, and McDaniel v. City of Cherryvale, ante, p. 40, 136 Pac. 899), that the cause of action was barred by the two-year statute of limitations.</p>