Western Shale Products Co. v. City of Fort Scott

The opinion of the court was delivered by

Price, J.:

These two consolidated appeals are from orders of the lower court denying a motion to dismiss an appeal from an award of appraisers in a condemnation proceeding, and in consolidating for trial in the court below the two cases in question.

For our purposes, a brief sketch of the factual background will be sufficient.

On September 5, 1950, the City of Fort Scott (hereinafter referred to as the City), pursuant to an extensive sewer extension and development, entered upon and laid a sewer line across property owned by Western Shale Products…