Bartholomew v. Ward Investment Co.

— This is a suit for damages caused by surface water. At the close of plaintiff’s evidence the court sustained demurrers to the evidence as to all three of the defendants. Plaintiffs took an involuntary nonsuit with leave to set aside the same. Thereafter the court overruled plaintiffs’ motion to set aside the nonsuit and they have appealed. Plaintiffs state that they are prosecuting this appeal solely against the defendant, Kansas City.

The facts show that in 1906 one Sylvester purchased a block of ground located south of iilst street, an east and west thoroughfare, and east of Wornall road,…