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HOFSTETTER v. MYERS CONSTRUCTION, INC.

No. 38,120

170 Kan. 464 (1951)

227 P.2d 115

A.A. HOFSTETTER and DOSSIE HOFSTETTER, Husband and Wife, Appellees, v. GEO. M. MYERS CONSTRUCTION, INC., a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1951.

Attorney(s) appearing for the Case

James B. McKay, Jr., of El Dorado, argued the cause and J. B. McKay and Gale Moss, both of El Dorado, were with him on the briefs for the appellant.

R.M. Bond, of El Dorado, argued the cause and L.J. Bond, of El Dorado, was with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action for damages alleged to have been suffered when dust and soot escaped from an asphalt plant and were blown onto the premises of plaintiffs. The trial court sustained plaintiffs' demurrer to an amended answer of the defendant. The defendant has appealed.

The action was started on January 5, 1949, in the county court of Butler county. The amended petition alleged that the defendant...

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