KRAUS v. STRONG

No. 38,115

170 Kan. 459 (1951)

227 P.2d 93

LOUIS KRAUS, Appellee, v. ELLA STRONG, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1951.


Attorney(s) appearing for the Case

Harold H. Malone, of Wichita, argued the cause and was on the briefs for the appellant.

Clyde Wendelken, Jr., of Wichita, argued the cause, and Clarence R. Sowers, of Wichita, was with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This appeal arises out of an action by a downstream owner of farm land against an upstream owner for damages on account of flooding allegedly caused by defendant's construction of a dike or levee on his own land along one bank of a natural watercourse which runs through plaintiff's and defendant's lands.

Trial was had by a jury which answered special questions and returned a verdict for plaintiff...

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