Attorney(s) appearing for the Case
Donald C. Amrein, of Mission, argued the cause and was on the brief for the appellant.
John H. Johntz, Jr., of Payne & Jones, of Olathe, argued the cause and was on the brief for the appellees.
Supreme Court of Kansas.
The opinion of the court was delivered by
This is an action for damages against a city for alleged maintenance of a nuisance created by flow of water in a drainage ditch adjoining plaintiffs' property.
Trial to the court resulted in a judgment for plaintiffs from which the city has appealed.
The evidence developed at trial, about which there is no dispute, revealed the following:
In 1962 plaintiffs purchased the property...
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