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SCHMIDT v. PAUL

No. KCD 28387.

554 S.W.2d 496 (1977)

Glenn SCHMIDT and Pauline Schmidt, Plaintiffs-Respondents, v. Elmer J. PAUL and Gertrude A. Paul, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1977.

Attorney(s) appearing for the Case

James S. Cottingham, Lawrence E. Davis, Independence, for defendants-appellants.

Ralph E. Pratt, Independence, for plaintiffs-respondents.

Before DIXON, P. J., and WASSERSTROM and TURNAGE, JJ.

TURNAGE, Judge.

Glenn Schmidt and Pauline Schmidt brought suit against Elmer J. Paul and Gertrude A. Paul, his wife, for damages resulting from mud and debris washing from the Paul property onto the Schmidt property. The trial court, sitting without a jury, found in favor of Schmidt and awarded damages in the sum of $5,000.

On this appeal the Pauls contend (1) the judgment should not have been entered against Gertrude Paul because there was no evidence to...

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