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SPAIN v. CITY OF CAPE GIRARDEAU

No. 34240.

484 S.W.2d 498 (1972)

Earl SPAIN and Wilma Spain, 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.

Missouri Court of Appeals, St. Louis District, Division Two.

August 15, 1972.

Attorney(s) appearing for the Case

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

Manuel Drumm, Sikeston, for defendant Rickard.

Briney, Welborn & Spain, Bloomfield, McHaney & Welman, Gary B. Ryan, Kennett, for plaintiffs-respondents.

SIMEONE, Judge.

Appeal by the City of Cape Girardeau from a verdict and judgment of $2,500 rendered against it in a suit brought by Earl and Wilma Spain, plaintiffs-respondents, for surface water damage to their property, allegedly caused by the resurfacing of a city street.

The plaintiffs-respondents own a tract of land in an area of Cape Girardeau known as Rodney Vista Park. They own the south one-half of lot 15, block 2. The Spains originally brought suit...

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