FIELDS v. CATTLEMEN'S FEED LOTS

No. 43,415

195 Kan. 171 (1965)

403 P.2d 799

DALE FIELDS and MRS. DALE FIELDS (Helen A. Fields), Appellees, v. CATTLEMEN'S FEED LOTS, INC., Appellant, and ANDERSON CATTLE COMPANY, INC., a Corporation, BLUE STEM FEED YARDS, INC., a corporation, Defendants.

Supreme Court of Kansas.

Opinion filed July 10, 1965.


Attorney(s) appearing for the Case

Elvin D. Perkins, of Emporia, argued the cause, and C.V. Beck and Everett Steerman, both of Emporia, were with him on the briefs for the appellant.

Frank C. Sabatini, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, William G. Haynes, Roscoe E. Long, Peter Caldwell, Austin Nothern and Brock Snyder, all of Topeka, and George L. Allred, of Emporia, were with him on the briefs for the appellees.


The opinion of the court was delivered by

HATCHER, C.:

This was an action to recover permanent damages for the depreciation of plaintiff's home allegedly caused by the separate operation of feed lots owned by the three defendants.

This particular appeal was filed by the Cattlemen's Feed Lots, Inc., claiming certain trial errors. This is the fifth appeal arising out of the same pleadings, trial, findings of fact, general verdict and judgment.

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