Holly Investment Co. v. City of Kansas City

CROSS, Judge.

Plaintiff corporation sued defendant city in magistrate court. The petition alleges that defendant forcibly entered upon plaintiff’s property, destroyed a lock, damaged a fence and carelessly and maliciously cut down sixty growing shrubs. Prayer of the petition was for $945.00 actual damages and $1,000.00 punitive damages. Answering, defendant denies generally the allegations of the petition. Affirmatively, defendant alleges that its employees entered the premises to perform a governmental *452function, i. e., to abate a public nuisance arising from an overgrowth of weeds, bushes and…