Hamilton v. City of Bismarck

This is an action for damages to plaintiff's property resulting from the overflow of a sanitary sewer through a manhole outlet.

In 1938, the plaintiff and his wife purchased, by contract for deed, a tract of land in the Park Hill Addition to the city of Bismarck. Plaintiff resides on this tract which consists of about one-half acre of land. The main sanitary sewer of the city passes through Park Hill Addition on its way to the Missouri River where the sewage is discharged. Plaintiff's lot, as well as the land surrounding it, is approximately level. A manhole is located about 25 feet from the…