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DeSHON v. ST. JOSEPH COUNTRY CLUB VILLAGE

No. WD 40040.

755 S.W.2d 265 (1988)

Caswell DeSHON, Richard Bolen and Jim Riley, Appellants, v. ST. JOSEPH COUNTRY CLUB VILLAGE of the COUNTRY CLUB, Respondent.

Missouri Court of Appeals, Western District.

As Modified July 28, 1988.

Application to Transfer Denied September 13, 1988.

Attorney(s) appearing for the Case

John E. Turner, Popham, Conway, Sweeny, Fremont & Bundschu, Kansas City, Ronald R. Holliday, Savannah, for appellants.

Frank K. Nichols, Pope, Nichols & Hicks, St. Joseph, for respondent.

Before NUGENT, P.J., and CLARK and LOWENSTEIN, JJ.

CLARK, Judge.

Three owners of residential lots sued the St. Joseph Country Club for damages and for injunctive relief on allegations that the Country Club had failed to maintain a drain used to convey surface water under the embankment of an abandoned railroad right-of-way. The blockage of the drain caused surface waters to accumulate on plaintiffs' properties with resulting damage. The petition sought to recover for that...

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