Rinehart v. City of Concordia

The opinion of the court was delivered by

Wedell, J.:

This was an action against a city of the second class for damages resulting from a change in the grade of a city street. The appeal is by the -city from an order overruling its demurrer to plaintiffs’ amended petition.

Plaintiffs own a tract of land in the corner of a city block, in Concordia. Their house faces east on Cedar avenue, which is a paved street. Fourteenth street, the street here involved, is not paved and runs along the south side of plaintiffs’ ground. In July, 1939, pursuant to resolution adopted and published in the month of…