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WOLF v. SECOND DRAINAGE DISTRICT

No. 39,954

179 Kan. 655 (1956)

298 P.2d 305

WALTER F. WOLF and MYRTLE B. WOLF, Appellees, v. THE SECOND DRAINAGE DISTRICT OF FINNEY COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Daniel R. Hopkins, of Garden City, argued the cause and Ray H. Calihan, Logan N. Green and Ray H. Calihan, Jr., all of Garden City, were with him on the briefs for the appellant.

Charles S. Fisher, Jr., of Topeka, argued the cause and T. M. Lillard, O.B. Eidson, Philip H. Lewis, James W. Porter, and Sidney C. Hunt, all of Topeka, and Dale H. Corley and Clyde P. Daniel, both of Garden City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, C.J.:

This is an action for damages for land alleged to have been taken by the defendant to clear an alleged natural watercourse through plaintiffs' land, pursuant to the provisions of G.S. 1949, 24-401. Judgment was for plaintiffs. Defendant has appealed.

The amended petition alleged the ownership by them of a section of level farming land; that the drainage district on April 5, 1953, proceeded with...

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