AVERY v. CITY OF LYONS

No. 40,484

181 Kan. 670 (1957)

314 P.2d 307

ROY AVERY and LULU AVERY, Appellees, v. THE CITY OF LYONS, KANSAS, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 31, 1957.


Attorney(s) appearing for the Case

Edward Wahl, of Lyons, argued the cause, and Bronce Jackson, of Lyons, was with him on the briefs for the appellant.

Frederick Woleslagel, of Lyons, argued the cause, and L.E. Quinlan, of Lyons, was with him on the briefs for the appellees.


The opinion of the court was delivered by

PRICE, J.:

During the night of April 24, 1954, the store building owned by plaintiffs, in the city of Lyons, was struck by lightning, resulting in an explosion and fire. Plaintiffs brought suit against the city to recover damages, their theory being that the explosion and fire were caused by the presence of natural gas in and under the building which had leaked from defective gas mains owned by the city. Plaintiffs...

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