Marel v. City of Tonganoxie

The opinion of the court was delivered by

Price, J.:

This is an action by a property owner to recover damages from defendant city alleged to have resulted from a change of grade of a street in front of his property.

Plaintiff appeals from an order sustaining in part defendant’s motion to strike certain allegations of the petition and to make other portions thereof definite and certain.

Plaintiff frankly concedes that the ruling in question ordinarily would not be an appealable order (Parrack v. Wittman, 180 Kan. 193, 302 P. 2d 1005; Nausley v. Nausley, 181 Kan. 543, 545, 313 P. 2d 302), but…