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LINVILLE v. NANCE DEVELOPMENT CO.

No. 40,237

180 Kan. 379 (1956)

304 P.2d 453

NAOMI LINVILLE, Appellee, v. NANCE DEVELOPMENT COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Marion C. Miller, of Kansas City, argued the cause, and Edw. A. Benson, Jr., also of Kansas City, and Morris Dubiner, Robert E. Gregg, and Fredrick E. Lewis, all of Kansas City, Missouri, were with him on the briefs for the appellant.

Joseph P. Jenkins, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, Thomas E. Joyce, John E. Shamberg, Albert M. Ross, Norma Braly, and Harold K. Wells, all of Kansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action wherein plaintiff sought to recover damages arising from the construction of a ditch over her real estate by the defendant, which appeals from a judgment rendered against it.

Although the admissibility of parts thereof was questioned, as later noted, the evidence which supports the verdict and judgment later mentioned disclosed the following...

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