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eBook details

• Title: Mcginnis v. City of Wichita
• Author : Supreme Court of Kansas
• Release Date : January 12, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The opinion of the court was delivered by These five actions were brought by property owners against the
City of Wichita to recover damages sustained to their homes when
a concrete street slid and moved toward their property and
pressed against it. The trial court overruled the City's
demurrers to each of the petitions on the grounds they failed to
allege a cause of action, and the City has appealed. Silverdale Court is a paved concrete street in one of the newer
additions in Wichita and it curves in a wide arc of approximately
90 degrees from an east and west direction to a north and south
direction. The homes of these five plaintiffs adjoin and are
located on this particular curve. They are of frame construction
with attached garages which have concrete floors and foundations.
Concrete driveways from the floor of each garage to the concrete
curb line on Silverdale Court were constructed to permit ingress
and egress from the street. On or about the 15th to the 20th day
of June, 1953, the surface of Silverdale Court, together with its
curbs and gutters, slid and moved toward the property of the
plaintiffs and pushed the driveways, and the driveways in turn
pushed against the floors and foundations of the garages and
houses causing the floors and foundations to buckle and move,
thereby causing the frame structures of the houses to be twisted,
timbers to be separated from their joints and break, thus
damaging each plaintiffs' property.

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