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HENDERSON v. TALBOTT

No. 39,149

175 Kan. 615 (1954)

266 P.2d 273

J.O. HENDERSON, Appellee, v. W.A. TALBOTT, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

E.P. Villepique, of Wichita, argued the cause and I.H. Stearns, of Wichita, and Walter L. McVey, Lawrence McVey, and Walter L. McVey, Jr., all of Independence, were with him on the briefs for appellant.

John M. Wall, of Sedan, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This was an action to recover damages alleged to have been sustained by plaintiff because of water impounded on his land as a result of the defendant's construction of a dam. The plaintiff recovered and the defendant appeals.

The action was commenced on October 18, 1951, by the filing of the petition. Subsequently defendant filed a motion to strike one sentence from such pleading and to make other...

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