Supreme Court of Kansas November 7, 1931, No. 30,084 (Tompkins v. Brown)

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal from an order of the trial court enjoining and restraining lower landowners from erecting and maintaining a dam obstructing the flow of water over their land so as to cause the water to back up over and on the premises of the plaintiff, an upper landowner.