WHITMER v. ATCHISON, T. & S. F. RY. CO.

No. 5100.

82 F.Supp. 914 (1948)

WHITMER et al. v. ATCHISON, T. & S. F. RY. CO.

United States District Court W. D. Missouri, W. D.

December 28, 1948.


Attorney(s) appearing for the Case

Stinson, Mag, Thomson, McEvers & Fizzell, by Albert Thomson, all of Kansas City, Mo., for plaintiff.

Lathrop, Crane, Sawyer, Woodson & Righter, John H. Lathrop, Sam D. Parker, James F. Walsh and Donald H. Sharp, all of Kansas City, Mo., for defendant.


REEVES, Chief Judge.

The gravaman of the several motions to dismiss in the interventions relates to those counts wherein it is charged that by reason of repeated overflows caused by defendant's neglect, the market value of the real estate affected has depreciated. In these averments it is unnecessary under modern practice to have made more extensive allegations. If such be the fact, then the plaintiffs would be entitled to damages.

The motions to strike are...

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