Foster v. Capital Gas & Electric Co.
Fay Foster v. The Capital Gas and Electric Company and The City of Topeka
Opinion of the Court
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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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