ANELLO v. KANSAS CITY

No. 22320.

286 S.W.2d 49 (1955)

Anthony ANELLO and Josephine Anello, Plaintiffs-Appellants, v. KANSAS CITY, Missouri, a Municipal Corporation, Defendant-Respondent.

Kansas City Court of Appeals. Missouri.

December 5, 1955.


Attorney(s) appearing for the Case

Clay C. Rogers, James W. Benjamin, Robert L. Shirkey, Kansas City, for plaintiffs-appellants.

David M. Proctor, City Counselor, Kansas City, James H. Coonce, Kansas City, Asst. City Counselor for defendant-respondent.


SPERRY, Commissioner.

Plaintiffs, Mr. and Mrs. Anello, sued defendant City for damages accruing to their store building located at 4118 Prospect, Kansas City, Missouri. They alleged that the damages were caused by a break in defendant's water and sewer lines. They had a verdict and judgment in the sum of $5,000, but the court, on motion, set aside the judgment and entered judgment for defendant. The court also entered an order to the effect that, if the latter judgment...

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