McHugh v. City of Wichita

Parks, J.:

This appeal involves an alleged nuisance maintained by the city of Wichita, Kansas. A jury verdict was rendered in favor of the city of Wichita. The plaintiff appeals.

In the spring of 1966, the plaintiff purchased a home in the Glenn Village area of the city of Wichita, Kansas. During the time Patrick McHugh owned the property, he had problems with backup of fluids into the home through the basement stool and the basement bathtub. On April 23, 1971, Mr. McHugh and others filed a lawsuit against the city based upon the theory of nuisance. The jury returned a verdict in favor of Mr.…