Spain v. City of Cape Girardeau

SIMEONE, Judge.

Appeal by the City of Cape Girardeau from a verdict and judgment of $2,500 rendered against it in a suit brought by Earl and Wilma Spain, plaintiffs-respondents, for surface water damage to their property, allegedly caused by the resurfacing of a city street.

The plaintiffs-respondents own a tract of land in an area of Cape Girardeau known as Rodney Vista Park. They own the south one-half of lot 15, block 2. The Spains originally brought suit against the City and one Rickard, the owner of a lot west of them. The plaintiffs alleged in their petition that the City “constructed a…