Washington Avenue Investments, Inc. v. City of Kansas City

This is an action to recover damages caused by a utility pole which the defendants had erected over a lateral sewer line connecting plaintiff s property to the main sewer. It is alleged that the pole settled into the lateral sewer, causing it to crack and cave in, thereby blocking the flow of sewage and causing it to back up into plaintiffs rental property.

The case was tried to a jury which returned a verdict in favor of plaintiff. The defendants have appealed, raising two points: (1) there was no evidence of negligence on their part and (2) the action was barred by the statute of…