MIDWEST CITY v. ECKROAT

No. 39883.

387 P.2d 123 (1963)

MIDWEST CITY, a Municipal Corporation, Plaintiff in Error, v. Ted ECKROAT, Mrs. Ted Eckroat and Mary Eckroat, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied November 26, 1963.


Attorney(s) appearing for the Case

Edward H. Ferrish, Midwest City, for plaintiff in error.

Rhodes, Crowe, Hieronymus, Holloway & Wilson, and Floyd L. Martin, Jr., Oklahoma City, for defendants in error.


BLACKBIRD, Chief Justice.

In this action defendants in error instituted in May, 1959, as plaintiffs, they sought recovery of damages against the plaintiff in error, as defendant, on account of injuries they allegedly sustained by reason of the defendant city's construction and maintenance of a sewage disposal and digester unit, or plant, across the road from plaintiffs' farm.

In their petition, plaintiffs alleged...

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