DECKER v. J.E. SIEBEN CONSTRUCTION COMPANY

No. 25944.

492 S.W.2d 155 (1973)

Edward DECKER and Mary Diane Decker, Respondents, v. J. E. SIEBEN CONSTRUCTION COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

March 5, 1973.


Attorney(s) appearing for the Case

Watson, Ess, Marshall & Enggas, Charles E. Patterson, Leonard Singer, Kansas City, for appellant.

Von Erdmannsdorff & Kuhlman, P. Wayne Kuhlman, North Kansas City, for respondents.

Before SHANGLER, C. J., PRITCHARD and WASSERSTROM, JJ., and LAURENCE R. SMITH, Special Judge.


SHANGLER, Judge.

The plaintiffs filed a petition alleging damage to the residence they occupied from the blasting operations of the defendant construction company. The defendant did not answer or otherwise respond to the petition, and the trial court, after the plaintiffs presented evidence, gave judgment by default against the defendant for $12,000.

The defendant seeks on this appeal to have the judgment annulled or set aside on grounds that 1) the petition...

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