McCULLEY v. CITY OF PRINCETON

No. 25941.

488 S.W.2d 277 (1972)

Charles J. McCULLEY and Phyllis McCulley, Appellants, v. The CITY OF PRINCETON, Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

December 4, 1972.


Attorney(s) appearing for the Case

Wilbur L. Pollard, Wm. Harrison Norton, Norton & Pollard, Kansas City, for appellants.

Phil Hauck, Terry M. Evans, Pickett, Andereck, Hauck & Sharp, Trenton, for respondent.


DIXON, Judge.

A single issue is raised by this appeal. Does Section 79.480 requiring notice to a city of the 4th class within 90 days for "injuries" growing out of a "defect" or "unsafe" condition of "street, sidewalk or thoroughfare" apply to a claim for property damage arising from a clogged sewer installed under a city street?

Plaintiff pleaded that the defendant 4th class city negligently permitted a public sewer to "back-up" into the basement of plaintiffs...

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