WELCH v. CITY OF KANSAS CITY

No. 45,580

204 Kan. 765 (1970)

465 P.2d 951

ROY WELCH and BARBARA WELCH, Appellants, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1970.


Attorney(s) appearing for the Case

Lloyd Burke Bronston, of Kansas City, argued the cause and was on the brief for the appellants.

Edward H. Powers, II, Assistant City Attorney, argued the cause, and C.W. Brenneisen, Jr., City Attorney, was with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

In this action Mr. and Mrs. Welch, the plaintiffs and appellants herein, have sued the city of Kansas City, Kansas, to recover damages occasioned to their property from flooding. The trial court sustained the city's motion for summary judgment and the plaintiffs have appealed.

On the 12th day of June, 1966, a severe rainstorm occurred in Kansas City which flooded the Welch property, water entering...

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