Tillotson v. Fair

The opinion of the court was delivered by

Parker, J.:

These are consolidated actions for damages wherein the.plaintiffs expressly state in their petitions they base their right to recover from the defendants personally on one cause of action only, namely, in tort for violation of their rights in and to an alley and certain lots abutting thereon, resulting from the construction of a drainage ditch in, over, and upon such alley and make no claim against the state of Kansas. The defendants demurred to the petitions as amended. The demurrers were sustained and the plaintiffs appeal.

*83The plaintiffs…