The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10


C. M. Riddle, Taylor Riddle and S. r
Thomas, Appellees,
VS.,
The Chicago, Rock Island & Pacific Rail-
way Company, Appellant.
Appeal from Marion County.
AFFIRMED.
No. ISIS
Andrew ]. Thomas, Appellee,
The Chicago, Rock island & Pacific Rail-
way Company, Appellant.
Syllabus. BY the Court. Johnston, C. J.
l. A railroad company in carrying its
railroad over a water-course and the ap-
outlets not only for the ordinary flow of
water but also for the escape of water in
times of floods which may reasonably be
expected to occur
2. Provision need not be made for I'M
precedented floods which could not rea-
sonably have been foreseen, but whatever
the term by which flood may be deSig-
mated if such floods have occurred fire.
quently at irregular intervals it is rea-
sonable to expect that they will occur
again and those who place Instructions
in the water-course should provide for the
escape of such flood water.
8. If from the history of the stream
and the knowledge and experience or
those who first constructed a railroad and
the entertainments on which 1t rested the
outlets and openings first made for the
escape of water then appeared TO De
sufficient it would still not relieve the
company from liability for injuries ar1s-
ing from a later flood when floods of a
like character have occurred from time TO
time through series OF years since the
construction of the road and it has been
demonstrated that such floods may rea-
Sonably. be expected
A. Water which overflows the banks
of a river and then flows down a natural
depression in the same general direction
as the river runs and which returns 10
the river upon the subsistence OF the Hood
is to be deemed a part Of the running
stream.
s. The testimony examined and held to
be sufficient to support the findings that
the water which caused the injury and
loss was thrown and held upon appellee's
lands through the failure of appellant to
through the embankments upon which
its railroad rested for the escape OF flood
water arising from heavy rainfalls which
should have been anticipated and provided
for.
All the justices concurring.
Attest: D. A. VALENTINE,
TSeall Clerk Supreme Court
No. 1850.
A. H. Black, J. A. SivalIs, w. G. Bryson'
Sivalls & Bryson, Appellants.
D. I. Garth, Defendant. The Frick-Reid
Supply Company, Corporation, Inter-
pleader, Appellee.
Appeal from Montgomery County.
REVERSED
Syllabus. By the Court Mason. j.
No lien upon the oil produced can be
acoI1ired under a statute providing that
any person who, under contract with the
owner of a Ieasehold for oil and gas pur-
poses, shall perform labor or furnish ma
terial used in making or operating any
oil or gas we'll shall have a lien upon
the whole of such leasehold =, or
lease for oil and gas purposes, the build
ings and appurtenances and upon the ma
terials and supplies so furnished and
upon said oil and gas well for which they
were furnished, and upon all the other
wells, fixtures and appliances used IN op-
Grating for oil and gas purposes upon the
leasehold for which said material and
supplies were furnished labor per-
formed"
All the Justices concurring-
true copy.
Attest: d. A. VALENTINE.
ISeaL1 Clerk Supreme Court
additional Syllabus on Pages II and 49,