Perry v. City of Wichita

The opinion of the court was delivered by

Wedell, J.:

This was an action by H. George Perry and his wife against the city of Wichita to recover damages to personal and real property caused by water which overflowed plaintiffs’ property located outside the city.

Plaintiffs appeal from orders sustaining a demurrer to their evidence, the overruling of their motion for a new trial and from the judgment rendered against them. The real issue here is whether the first mentioned order constitutes reversible error.

The material portions of appellants’ evidence, in substance, disclosed:

They purchased a…