GOWING v. McCANDLESS

No. 47,866

219 Kan. 140 (1976)

547 P.2d 338

TOMMY L. GOWING and PATRICIA GOWING, Appellees, v. LAYTON McCANDLESS and LYDIAN McCANDLESS, Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1976.


Attorney(s) appearing for the Case

Philip Shaffer, of Salina, argued the cause, and Frank C. Norton, of Salina, and Karl Shawver, of Shawver & Shawver, of Paola, were with him on the brief for the appellants.

Keith Martin, of Payne & Jones, Chartered, of Olathe, argued the cause, and Barry W. McCormick, of the same firm, was with him on the brief for the appellees.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by upper landowners to recover $219,457.50 for alleged crop damages and $100,000.00 for punitive damages for an alleged obstruction of a watercourse by the lower landowners. (A second cause of action sought an order requiring the removal of the alleged obstructions, but was not resolved by the trial court when this appeal was taken.) A jury...

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