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McMILLAN v. JAYHAWK CONSTRUCTION CO.

No. 42,134

188 Kan. 113 (1961)

360 P.2d 1082

ROY G. McMILLAN and NADINE A. McMILLAN, Appellants, v. THE JAYHAWK CONSTRUCTION COMPANY, INC., Defendant, and THE SARGENT EXCAVATING COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

E.H. Hatcher, of Topeka, argued the cause, and B.J. Lempenau, of Topeka, was with him on the brief for the appellants.

Ernest J. Rice, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an action to recover for damage to plaintiffs' residence alleged to have resulted from excessive charges of dynamite used in excavating rock for a sewer ditch. Plaintiffs appeal from orders striking certain allegations from their second and third amended petitions.

The story as told by the first amended petition, which was filed on November 19, 1959, is as follows:

Plaintiffs are...

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