McGINNIS v. CITY OF WICHITA

Nos. 40,349, 40,350, 40,351, 40,352, 40,353

180 Kan. 608 (1957)

306 P.2d 127

CHARLES E. McGINNIS and AILEEN O. McGINNIS, Appellees, v. THE CITY OF WICHITA, Appellant. ALBERT E. ARRINGTON and NORMA LEE ARRINGTON, Appellees, v. THE CITY OF WICHITA, Appellant. AINO W. KIRBY and LOUISE M. KIRBY, Appellees, v. THE CITY OF WICHITA, Appellant. EDWIN ALEXIS THOMPSON and JUANITA VIRGINIA THOMPSON, Appellees, v. THE CITY OF WICHITA, Appellant. JOHN O. CONAWAY and CARROL R. CONAWAY, Appellees, v. THE CITY OF WICHITA, Appellant.

Supreme Court of Kansas.

Opinion filed January 12, 1957.


Attorney(s) appearing for the Case

Robert C. Helsel, of Wichita, argued the cause, and Fred W. Aley, also of Wichita, was with him on the briefs for appellant.

Roy L. Rogers, of Wichita, argued the cause and was on the briefs for appellees.


The opinion of the court was delivered by

FATZER, J.:

These five actions were brought by property owners against the City of Wichita to recover damages sustained to their homes when a concrete street slid and moved toward their property and pressed against it. The trial court overruled the City's demurrers to each of the petitions on the grounds they failed to allege a cause of action, and the City has appealed.<...

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