Supreme Court of Kansas, 1928

Foster v. Capital Gas & Electric Co.

Foster v. Capital Gas & Electric Co.
Supreme Court of Kansas · Decided July 7, 1928 · Hopkins
126 Kan. 440; 268 P. 738; 1928 Kan. LEXIS 107

Foster v. Capital Gas & Electric Co.

Opinion of the Court

The opinion of the court was delivered by

Hopkins, J.:

A motion for rehearing was granted in this action on the question as to whether the construction and maintenance of a sewer is a governmental function as distinguished from ministerial or proprietary. Additional briefs were filed on the question and oral argument had, since which time we are advised the judgment has been paid. Under the circumstances, the case has become moot and no decision on the question submitted is necessary.

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