53 Kan. 431 | Kan. | 1894
The opinion of the court was delivered by
In improving a street of Kansas City, where it intersects Splitlog creek, the municipal authorities built an embankment across the bed of the stream, and the only provision made for - the flow of water was the construction of a small and insufficient sewer or culvert through the embankment, and which was extended by the Orchard Place Land Company through its premises. The portion of the sewer built by the company upon its property broke down, thus choking up the only opening left in the embankment for the passage of the water. The obstruction so placed across the stream backed up the water to such an extent as to overflow Slangstrom’s property, and to cause material injury. In bringing an action to recover damages, the city and the company were both joined as defendants, and it was charged that it was the combined wrongdoing of both parties which occasioned the injury for which a recovery was sought. Before the case was finally submitted to the jury by the court, the company was dismissed from the action without prejudice, and the jury found that the damages occasioned by the city, and .for which it was responsible, amounted to $240. A great many special questions were submitted to the jury, many more than were needed, but the city now complains that still others should have been submitted and answered. It is clear from the facts found by the jury that the acts of both parties contributed to cause the obstruction of the stream which resulted in the overflow and injury.
The judgment will be affirmed.