The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-19
$500 FOR SULLIVAN
Jury Returns Verdict at 1890
Last Night--0ut 10 Hours.
CITY OWNS DAM PROPERTY
Court Submits Special Find
ings--WiII Appeal Case.
CITY OWNS DAM PROPERTY

The jury in the celebrated Sullivan dam
case returned a verdict at 1870 last night
allowing the plaintiff, Arthur Sullivan,
500 damages against the city.
The entire time yesterday morning in
the district court was consumed by the
attorneys in the case making their last
arguments before the case was given to
the jury. After they had finished the
jury was instructed by Judge Dale. The
instructions given by him were concern
ing the damages to the land owned by
Sullivan and also the damage done by the
alleged raising of the water in the river
BY the dam. This left practically two
points for the jury to bring IN verdict
on. The jury was out all afternoon and
last night agreed on a verdict which il
as above stated. Judge Dale. City Atto--
ney Helm and Clerk Of the District Court
Arnett were promptly sent for and at
1880 the verdict was given in.
The case has been hanging fire for a
long time, in fact this ground on which
the dam is built has been in litigation
for number Of years The ease was first
brought into the courts several years $50
when the question Of the city's right to
the water was disputed. Mr. Sullivan
then Sled an Injunction asking that tn.
city be restrained from building the new
dan where il is now situated At that
time temporary Injunction was granted
by the court on condition that Mr. SuIIi-
van should put up a heavy bond to ia
demnify the city should they later or be
granted the final decEion. Mr. Sullivan
failed 70 put this bond up, but later, in
the same action fled a petition asking
for $4,000 damages. and set uD in MS Pc
tition that the city had appropris ted Tor
their use, land which they did not own.
NJ. Sullivan claimed to be the owner of
the land occupied by the dam and also
the mill race which is now used to flush
the sewers. He also claimed that the
foundation Of the present dam was owned
by him and that also the wings Of the
dam had been buff by him. He also
brought in the point that the back water
caused by the dam had overlooked a part
of his property and had causeG perra-
nent injury 70 it. He claimed also that
ne had no way OF reaching his land on the
west side OF the river since The dam had
been put in, except by passing through
property owned by other people
a number Of years ago Mr.. Sullivan
signed an agreement by which the water
from the river was turned into the mill
race, ana this was used to run the old
Hydraulic mills. The property changed
hands several times and each time is il
claimed that it included the water rights
which afterwards were transferred to tho
city. For some time after the city Sc
cured possession OF the water. rights. Mr.
Sullivan was hired by the city to see that
rhe dam was kept in proper condition.
About TWO years ago the city decided to
build new dam and Mr.. Sullivan's con-
tract to keep the dam in condition came
to 4 close.
The city has always claimed that they
owned the water rights, having purchased
them some time ago. They also claim
that Mr. Sullivan made an agreement
which amounted to a deed and together
with this the title Of the property had
been undisDuted for at least fifteen years
Mr.. Sullivan claimed that the agree
ment Or deed as it had been declared was
not legal, az his wife had not signed it.
However, it was property executed and
filed and it was held by Judge Dale that
It was legal on that account Many other
things We're brought into the case but
by Judge Dale's instructions. they were
brought down 10 just ! few points. and
the jury in their verdict made several
special findings. They allowed Mr. SulH-
van $40 damages on the land which had
been used by TIE city west or the river,
ho) soHth Of the river. and 50 for dam
ages 10 the island. No damages were al
lowed by the ju-y for the alleged raising
Of the water in the river by the new dam
The jury also decided that the city had
made no permanent appropriation Of any
Of the land belonging 10 Mr.. Sullivan.
This has beer d0e OF the longest legal
battles ia which the city has ever been
Interested and il is said by attorneys 10
be great victory for it. The case for
the city was conducted by City Attorney
Helm, Judge ". P. Campbell ana David
Smyth. County Attorneys Auidon and
Con!ey Judge Sullivan of Nebraska ana
II Q. Ruggles Eere the attorneys for the
pa7uE The attorneys for the plaintiff
have already announced their intention
of appealing The cas-. 10 fn. '7s-h.a co,7rtr