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GRIMM v. THE COOPERATIVE ELECTRIC POWER & LIGHT CO.

No. 39,449

176 Kan. 630 (1954)

272 P.2d 1052

LOTA GRIMM, as Executrix of the Estate of Henry Grimm, Deceased; LOTA GRIMM, MINNIE CLEAVER, HENRIETTA L. CLEAVER, by MINNIE CLEAVER, Her Mother and Next Friend; and LORAINE M. CLEAVER, by MINNIE CLEAVER, Her Mother and Next Friend, Appellees, v. THE COOPERATIVE ELECTRIC POWER AND LIGHT COMPANY, INC., a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 6, 1954.

Attorney(s) appearing for the Case

Frederick G. Apt, of Iola, argued the cause, and Howard M. Immel, of Iola, was with him on the briefs for the appellant.

Kenneth H. Foust, of Iola, argued the cause, and John O. Foust, of Iola, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action by landowners against defendant company to recover damages for the destruction of a hedge fence along one side of their farm.

Judgment was rendered upon the jury's verdict in favor of plaintiffs, and defendant has appealed.

The petition, which was filed on May 29, 1953, alleged that on or about June 9, 1952, defendant company sprayed the greater portion of two hundred rods...

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