The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-15
WILL BRING SUIT
Sullivan Dam Case to be filed
in District Court.
WANTS S17,5OO DAMAGES
Attorney Will Have Petition
Ready This Week.

The Sullivan dam case is to come up in
a new light Ever since the dam was
built in 1873 it has been more or less
subject of legal combat; always, however,
coming I'D in court by way of injunction
proceedings. Recently Mr.. Sullivan gave
the city quite a legal fight in an injunc-
ton suit. but the case was finally dis
missed with the understanding that Mr..
Sullivan could bring suit for damages
thereby settling forever the question as to
who should have the dam, with its at
tending privileges.
H. G. RuggIes, attorney for Mr.. Sullivan,
informed a reporter for the Eagle yester-
day that he would probably file an amend
ed petition today, claiming damages from
the city of Wichita in the sum OF 1880.
The amended petition is already drawn
but may be slightly modified before being
filed. The petition states that the building
of the city dam floods about three acres
of Sullivan's land above the dam; that II
has ruined a valuable mill seat and water
power. the value Of which is alleged to be
$4,000; that the plaintiff has at great eX-
pense and labor built dams and embank-
ments for the purpose OF improving said
water power, and has also built and con-
structed in the bottom Of the Little Arkan
sas river bed, or foundation, for dam
of mis- own for the purpose Of creating said
water power. at great cost of time and
money to the value of $1,000. Mr.. Sullivan
further AYERS that the city OF Wichita has
forcibly entered upon said land and built
@ dam Of such height as 10 raise the water
and flood about three acres Of his land
besides spelling his dam; that the city
built this dam for the purpose Of diverting
the water from the river for the purpose
of flushing the city's sewer system.
The petition states that about eight
acres of the plaintiffs land lies on the
west side Of the river, and that by means
of the city dam and the back-water there
from the land on the west side is rendered
Of little value to him. in being made diff
ficult Of access. Plaintiff further states
that the city cannot have access to its
dam without going over plaintiffs land,
and further that the city will be compelled
to take sand and timber from ~a-atiff's
land with which to repair the city dam,
lHuS using ABOUT I'VE acres OF lanQ and
rendering it entirely useless; that by per-
petual maintenance OF the said dam about
nineteen acres will be taken and rendered
value'ess to plaintiff, and that said land
Is worth $3.50 per acre. The petitioner fur
Their states ;hat he vas fitting up plea
sure resort on his land. which the build
Ing Of the dam viii ruin, and Of which he
estimates the damage to be $1,000. Plain
tff mentions other damages to I'D in
question amounting TO $1,000. and he fur
Their states that the continually recurring
damages by means OF overhows and wash
outs in tae immediate vicinity of his resi-
dence and homestead will amount to $1,000.
Taken as a whole. plaintiff states that
by reason Of the building and perpetual, !
maintenance Of said dam at the point and
In the manner described. and the perpetual /
diversion OF the water therefrom over and |
through said lands. the plaintiff has and |
VIII be damaged in the sum of 1880.
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