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DAVIS v. CITY OF KANSAS CITY

No. 45,523

204 Kan. 524 (1970)

464 P.2d 154

CLYDE C. DAVIS and BETTY J. DAVIS, husband and wife; NAOMI DAVIS and CLYDE WESLEY DAVIS, minors, by and through their parents and next friends, CLYDE C. DAVIS and BETTY DAVIS, Appellees, v. CITY OF KANSAS CITY, KANSAS, a municipal corporation, Appellant, and CARL C. McCLINTIC, Defendant.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Joseph A. Bukaty, Assistant City Attorney, argued the cause, and C.W. Brenneisen, City Attorney, A.B. Howard and Lloyd G. Alvey, Assistant City Attorneys, were with him on the brief for the appellant.

James J. Lysaught, of Kansas City, argued the cause, and Willard L. Phillips, P.B. McAnany, Thomas M. Van Cleave, Jr., John J. Jurcyk, Jr., Bill E. Fabian, Robert E. Fabian, R.H. Foerschler and Robert D. Benham, all of Kansas City, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to recover damages for a nuisance alleged to have been created by the city of Kansas City acting in concert with another in the operation of a trash dump adjacent to the plaintiffs' home. On the trial of the case the jury returned a verdict in the sum of $20,000 for the plaintiffs, and the city has duly perfected an appeal from the judgment entered thereon.

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