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Howell v. City of Hutchinson

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eBook details

  • Title: Howell v. City of Hutchinson
  • Author : Supreme Court of Kansas
  • Release Date : January 09, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The opinion of the court was delivered by This was an action by plaintiffs to recover damages for
injuries to property as later mentioned. The trial court struck
certain allegations from the plaintiffs' second amended petition
and they have appealed. An opinion is this day being filed in
Wildin v. City of Hutchinson (ante 671) and reference is made
to portions thereof applicable to the situation here considered. It is stated in the record that motions to strike were directed
to the plaintiffs' original and amended petitions, after which
the plaintiffs filed their second amended petition, hereafter
called the petition, in which it was alleged, in substance, that
plaintiffs were the owners of described real estate; that Cow
Creek is a natural watercourse flowing from an area northwest of
the city of Hutchinson, through the city and to a junction with
the Arkansas River southeast of the city; that at some time prior
to 1950 the city constructed Harsha Drainage Canal along the
course of Cow Creek to a point within
[177 Kan. 723]


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