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GARDEN CITY COMPANY v. BENTRUP

No. 5112.

228 F.2d 334 (1955)

GARDEN CITY COMPANY, a corporation, and United States Irrigating Company, a corporation, Appellants, v. Charles BENTRUP, Appellee.

United States Court of Appeals Tenth Circuit.

November 17, 1955.

Attorney(s) appearing for the Case

Logan N. Green, Garden City, Kan. (Malcolm Miller, Wichita, Kan., Ray H. Calihan, Daniel R. Hopkins, Ray H. Calihan, Jr., Garden City, Kan., on the brief), for appellants.

Donald R. Newkirk, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Theodore G. Giesert, Wichita, Kan., on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Charles Bentrup brought this action against Garden City Company, a corporation, and its subsidiary, United States Irrigating Company, a corporation, to recover damages for loss of crops resulting from the seepage of water on the plaintiff's land from a reservoir owned by the defendants.1 The complaint charged two elements of negligence: one, maintaining the water in the reservoir at such a high level over long periods...

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