Midwest City v. Eckroat

BLACKBIRD-, Chief Justice.

In this action defendants in error instituted in May, 1959, as plaintiffs, they sought recovery of damages against the plaintiff in error, as defendant, on account of injuries they allegedly sustained by reason of the defendant city’s construction and maintenance of a sewage disposal and digester unit, or plant, across the road from plaintiffs’ farm.

In their petition, plaintiffs alleged the erection and maintenance of the unit “ * * in the Winter and Spring of 1957 * * * ”; and, in their first alleged cause of action, sought the sum of $25,000.00 in damages for…