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BURNISON v. FRY

No. 44,792

199 Kan. 277 (1967)

428 P.2d 809

JOE BURNISON, Appellant, v. W.D. FRY and NORMA FRY, Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 1967.

Attorney(s) appearing for the Case

Archie T. MacDonald and H. Dean Cotton, of McPherson, argued the cause and were on the brief for the appellant.

Evart Mills, of McPherson, argued the cause and Michael T. Mills, of McPherson, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal concerns two actions to recover crop damage and to enjoin maintenance of a diversion ditch which the plaintiff Joe Burnison alleges was unlawfully constructed by defendants to change the natural flow of water from defendants' premises.

The defendants, W.D. Fry and Norma Fry, are husband and wife. Their farm is on higher ground than plaintiff's farm. Surface water from rainfall on defendants...

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