Liston v. Scott

'The opinion of the court was delivered by

Porter, J.: The action was one for the abatement of a nuisance and for damages. The appeal is from an order sustaining a demurrer to the petition.

The plaintiff’s residence property in Kansas City adjoins that of the defendants. It was. alleged that the plaintiff maintains a concrete retaining wall at the rear of his premises; that defendants built a retaining wall on the same alley and filled in their premises from a depth of one foot to eighteen inches or more above the yard and premises of the plaintiff with a drain or slope toward plaintiff’s…