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WASHINGTON AVENUE INVESTMENTS v. CITY OF KANSAS CITY

No. 47,136

213 Kan. 269 (1973)

515 P.2d 744

WASHINGTON AVENUE INVESTMENTS, INC., Appellee, v. THE CITY OF KANSAS CITY, KANSAS, and BOARD OF PUBLIC UTILITIES OF KANSAS CITY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Philip C. Lorton, of Kansas City, was on the brief for the appellants.

Donald W. Vasos, of Scott, Daily & Vasos, of Kansas City, was on the brief for the appellee.

MEMORANDUM OPINION

TRIAL — Evidence in Locating Utility Pole — Verdict Supported by Evidence.

Per Curiam:

This is an action to recover damages caused by a utility pole which the defendants had erected over a lateral sewer line connecting plaintiff's property to the main sewer. It is alleged that the pole settled into the lateral sewer, causing it to crack and cave in, thereby blocking the flow of sewage and causing it to...

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