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ATCHISON ICE CO. v. CITY OF ATCHISON

Nos. 38,458, 38,459

172 Kan. 94 (1951)

238 P.2d 531

THE ATCHISON ICE COMPANY, INC., a corporation, Appellee, v. CITY OF ATCHISON, KANSAS, a municipal corporation, Appellant. WILLIAM N. BARNES and MARJORY G. BARNES, Appellees, v. CITY OF ATCHISON, KANSAS, a municipal corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

Steadman Ball, of Atchison, argued the cause, and Edmund L. Page, city attorney, and J.W. Lowry, of Atchison, were with him on the briefs for the appellant.

Karl W. Root, of Atchison, argued the cause, and Maurice P. O'Keefe and Dolan McKelvy, both of Atchison, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

The appeals here considered arise from two separate actions, not consolidated for any purpose, but which involve the same question of law, and are therefore disposed of in one opinion. In each case the plaintiff commenced an action to recover damages for an alleged change of grade of a city street. The city's demurrer to each petition was overruled and the appeals followed.

From each petition it...

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