(Download) "Acton Manufacturing Co. v. Myers" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Acton Manufacturing Co. v. Myers
- Author : Supreme Court of Kansas
- Release Date : January 25, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The opinion of the court was delivered by This is an appeal from an order of the trial court overruling
defendant's demurrer to plaintiff's second amended petition and
from previous orders overruling defendant's motions to make
definite and certain or to strike which were directed against
plaintiff's petition and amended petition. The petition substantially alleged that on March 27, 1955,
defendant commenced certain construction and maintenance work on
the street, curbing and sidewalk immediately adjacent to
plaintiff's three story building located in Arkansas City.
Defendant owed plaintiff a duty to perform the work in a safe and
proper manner so as not to damage the property of the
plaintiff. In violation of this duty, defendant used pneumatic
hammers in close proximity to plaintiff's building, setting up
vibrations in the foundation, walls, and floors which proximately
caused separation of the walls and cracks therein as well as the
falling of plaster, etc., from the ceiling. Then followed damage
allegations not necessary to be set out herein.
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