City of McAlester v. King

JOHNSON, Justice.

This is the defendant’s second appeal to this court from a judgment for the plaintiffs.

The results of the first appeal are reported in City of McAlester v. King, Okl., 317 P.2d 265.

This first appeal involved an action by property owners against the City of McAl-ester for damages caused by the erection of a water tower on adjacent property. The District Court of Pittsburg County entered judgment for the property owners, and the City appealed. This court held, among other things, that while the original petition failed to state a cause of action, admission without objection of…