ROBERTS v. HOCKER

No. KCD 30635.

610 S.W.2d 321 (1980)

Wanda L. ROBERTS and Robert Carl Thomas and Viola Thomas, Appellants, v. O. Glen HOCKER and Mary V. Hocker and Tony B. Lumpkin and Elizabeth S. Lumpkin & Pearl Wallace Painter and Apartment Erectors, Inc., and Thomas H. Hocker and Elizabeth Hocker and The Commerce Trust Company, Trustee for Wilson D. Wood Mortgage Company and Connecticut Mutual Life Insurance Company of Hartford, Connecticut, Assignee of Wilson D. Wood Mortgage Company and Frank W. Koger, Trustee for James Talcott, a New York Corporation, Respondents.

Missouri Court of Appeals, Western District.

December 2, 1980.


Attorney(s) appearing for the Case

James S. Cottingham, Campbell, Gilmore, Erickson, Cottingham, Morgan & Gibson, Independence, for appellants.

Morris J. Nunn, Mark E. Johnson, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, for Hocker, Lumpkin, Painter & Apartment Erectors.

John H. Foard, Sr., Smith, Foard & Perkins, Kansas City, for Hocker, Lumpkin, Painter, Apartment Erectors & Commerce Trust Co.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.


SHANGLER, Judge.

The appeal comes from a judgment adverse to a petition for damages and mandatory injunction on a claim that the defendants unreasonably diverted surface water onto the land of the plaintiffs.

The contentions are as to contiguous tracts on a strip of land situated between Highway 40 to the north and I-70 to the south. The upper one-third of the land lies within the limits of Independence and the...

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