The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-22
HIGH WATER SUIT
NO. | is FILED
BiddIe Greek Spillway Cause of
City's Latest Grief.
f. III. Travis Says 1t Made His
Property Frog Pond.
ASKS FOR $4,000 DAMAGES
Other Suits to Follow if He
Prove Claim.
Claim Filed With City Turned
Down, He Alleges.
ASKS FOR $4,000 DAMAGES

What is regarded as the advance
guard of a bunch of trouble that has
been creeping up on the city of To-
peka since the high water last spring
and summer announced its arrival in
the Shawnee County district court this
morning wnen suit for $4,000 dam
ages was filed by f. H. Travis against
the city. The suit is for damage
which Travis alleges was done his
property last May, June and July
Veale's addition overlooked and mum
dated the vicinity. Travis lives on
Leland street and is the owner of
lots 199, POI, POS and POS.
Trouble between the city and resi-
deEts of South Topeka, near the fair
grounds, where the Shunganunga
went through the bikes last summer,
and residents of the Biddle creek
spiIlwav district has been brewing for
months. Considerable property was
overlooked and the water stood, the
residents claim, longer than it would
had there beer proper drainage tacll-
tiles The suit filed today is re-
garded as a test case in as much as
others are waiting to see how it comes
out If the suit IS won several similar
damage suits are expected to descend
upon the city
\ Raging Torrent.
The law firm of Curtis, Mote,
Rooney and Crossley, and former City
Attorney Ralston, are representing
out the WiidueSS of Biddle creek IN
tine of heavy rains In these periods
il becomes a raging torrent but at
other times it IS dry as desert. The
creek enters the city limits on the
south boundary on Thirteenth street,
ana runs almost due north for three
blocks near the intersection of Tenth
and Lafayette streets " mere I crosses
Tcnth street Prior to the construc-
ton of the Biddle creek spill%ay 1t
turned and ran northeast for about
seven blocks, leaving the city on the
eastern boundary and emptNlng INTO
the ShunGaEunga outside the city linn
its. Then the spillway was huilt
The channel was changed after 1t
Tenth street to run west down NJ
alley and ran north of Locust street
and emptied into the Shunganunga q
short distance north of Fourth street.
Building of the Dam.
Directly north of the point where
Bi1dIe creek crosses Tenth street a
concrete dam was built to prevent the
water from following the original /
course. and to divert it into the spill
way The splllway, Travis cites, Is
nos sufficient to carry the immense
volume of water that the ordinary
freshet throws into Biddle creek and
the water oVerflows the subway,
inundatiEg the property OF the PLAIN
tiff and others. Travis says Ine1I pc
fore the new channel was built the
old channel carried the water ana was
perfectly satisfactory Travis prop
cTrN about one ara OIt-IlelAA pAotIN'
east of the spillway- He says that IN
May, June and July of 1915 the chan
mel overlooked many times causing
him several kinds OF grief. He also
saws he was not the only one to suffer
Could Not Enter Barn.
Travis is hack driver. He says his
property is we'll improved and that he
was unable to drive his hack into his
barn via the alley or use the alley IN
any other way during the months o.
June. July or August and a part of the
month OF May. Because of frequent
overflows, he claims, a large lake
formed upon his property and re-
NAMED there during the aforemen
toned periods. He alleges that a frog
pond on his place was anything but [
to his liking and says that the lake /
became filthy, stagnant and offensive, /
filled with frogs, covered with mos /
quitoes, dangerous to the health OF |
his family and himself and was a /
nuisance in other ways" He says he /
was damaged to the extent of $1,000 /
and taat four months before bringing /
the suit he filed claim with the city. /
The city, he alleges, turned him down |