Baldwin v. City of Overland Park

The opinion of the court was delivered by

Harman, C.:

This is an action for damages against a city for alleged maintenance of a nuisance created by flow of water in a drainage ditch adjoining plaintiffs’ property.

Trial to the court resulted in a judgment for plaintiffs from which the city has appealed.

The evidence developed at trial, about which there is no dispute, revealed the following:

In 1962 plaintiffs purchased the property in question, a house and lot at 7312 Beverly street, Overland Park, Kansas, which they have since occupied as their home. The house was constructed in 1954. Along the…