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SKAGGS v. CITY OF CAPE GIRARDEAU

No. 33929.

472 S.W.2d 870 (1971)

Virgil SKAGGS and Louise Skaggs, Plaintiffs-Respondents, v. The CITY OF CAPE GIRARDEAU, Missouri, a municipal corporation, and Dorothy Rickard, Defendants, The City of Cape Girardeau, Missouri, a municipal corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

October 26, 1971.

Attorney(s) appearing for the Case

Howard C. Wright, Jr., City Atty., Cape Girardeau, for appellant.

Briney, Welborn & Spain, Joe Welborn, James E. Spain, Bloomfield, McHaney & Welman, Gary B. Ryan, Kennett, for respondents.

Manuel Drumm, Sikeston, for defendant Rickard.

WEIER, Commissioner.

This is a suit for damages to real property caused by collecting surface water and casting it in concentrated and destructive quantities at one point onto plaintiffs' land. From a verdict and judgment against it in the sum of $3,000.00, defendant City of Cape Girardeau has appealed.

In a hilly area of the City of Cape Girardeau, Adeline Avenue runs east downhill to end in a T-type intersection with a north-south street, named East Rodney...

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