POLLOCK v. ROSE

No. WD 36995.

708 S.W.2d 218 (1986)

Dennis POLLOCK, et ux., Appellants, v. Jack D. ROSE, et ux., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 27, 1986.

Application to Transfer Denied May 13, 1986.


Attorney(s) appearing for the Case

Steven Douglas Wolcott, Gladstone, for appellants.

Lance Wolf Lefevre, Kansas City, for respondents.

Before DIXON, P.J., and MANFORD and NUGENT, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied March 27, 1986.

MANFORD, Judge.

This is a civil action seeking damages due to an alleged obstruction of the flow of surface water. The judgment is affirmed.

Appellant raises two points which, in summary, charge that the trial court erred in its application of the law in that (1) appellants' case is an exception to the "Common Enemy" doctrine, and (2) the court should adopt the...

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