KOCH BROS. BAG COMPANY v. KANSAS CITY

No. 46474.

315 S.W.2d 743 (1958)

KOCH BROS. BAG COMPANY, a Corporation, Respondent, v. KANSAS CITY, Missouri, a Municipal Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied September 8, 1958.


Attorney(s) appearing for the Case

Benj. M. Powers, City Counselor, John J. Cosgrove, Associate City Counselor, Robert A. Meyers, Asst. City Counselor, Kansas City, for appellant.

Rope, Shanberg & Rope, I. Frank Rope, Arnold N. Shanberg, Herbert M. Rope, Kansas City, for respondent.


Motion for Rehearing or to Transfer to Court en Banc Denied September 8, 1958.

HYDE, Presiding Judge.

Action for $8,800 property damage from leakage of water from a city hydrant into plaintiff's basement. The jury found for defendant but the Court sustained plaintiff's motion for new trial on the ground of error in giving Instruction No. 11 at defendant's request. Defendant appealed from the order granting a new trial and contends both that Instruction No...

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