MAREL v. CITY OF TONGANOXIE

No. 40,925

183 Kan. 102 (1958)

325 P.2d 51

NICK MAREL, Appellant, v. CITY OF TONGANOXIE, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1958.


Attorney(s) appearing for the Case

Charles D. Stough, of Lawrence, argued the cause, and James W. Paddock, of Lawrence, was with him on the briefs for the appellant.

James Yates, of Kansas City, argued the cause, and Frank L. Bates, of Kansas City, was with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an action by a property owner to recover damages from defendant city alleged to have resulted from a change of grade of a street in front of his property.

Plaintiff appeals from an order sustaining in part defendant's motion to strike certain allegations of the petition and to make other portions thereof definite and certain.

Plaintiff frankly concedes that the ruling in question...

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