PROPER v. CITY OF INDEPENDENCE

No. 22829.

328 S.W.2d 55 (1959)

Bernard PROPER and May Agnes Proper; Wilma D. Thorne and Clyde L. Thorne; Walter Thomas and Vera Thomas; and Clarence W. McCalester and Fern O. McCalester (Plaintiffs), Appellants, v. CITY OF INDEPENDENCE, Missouri, a Municipal Corporation (Defendant), Respondent.

Kansas City Court of Appeals. Missouri.

October 5, 1959.


Attorney(s) appearing for the Case

Robert S. Burns, Kansas City, for appellants.

Gilbert R. Titus, John F. Thice, Independence, Walter A. Raymond, Kansas City, for respondent.


CAVE, Presiding Judge.

Plaintiffs sued the defendant for damages to their property resulting from the overflow of Rock Creek, a natural watercourse flowing east and west through said city. At the close of plaintiffs' evidence, the court directed a verdict for the defendant, judgment entered accordingly, and plaintiffs appealed.

The plaintiffs are the respective owners of four parcels of real estate located on Hawthorne Avenue, a north-south street in Independence...

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