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HOWELL v. CITY OF HUTCHINSON

No. 39,686

177 Kan. 722 (1955)

282 P.2d 373

JOHN M. HOWELL and ESTHER L. HOWELL, Appellants, v. CITY OF HUTCHINSON, RENO COUNTY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

J. Richards Hunter, of Hutchinson, argued the cause, and Walter F. Jones and Harry H. Dunn, also of Hutchinson, were with him on the brief for the appellants.

Fred C. Littooy, city attorney of Hutchinson, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action by plaintiffs to recover damages for injuries to property as later mentioned. The trial court struck certain allegations from the plaintiffs' second amended petition and they have appealed. An opinion is this day being filed in Wildin v. City of Hutchinson (ante 671) and reference is made to portions thereof applicable to the situation here considered.

It is stated in the...

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