Freitag v. City of Montello

The following two issues are presented by this appeal:(1) Are the trial court’s ultimate finding of no negligence on defendant city’s part and the supporting findings of fact against the great weight and clear preponderance of the evidence ?(2) Did the trial court err in concluding that the doctrine of res ipsa loquitur did not apply in this case, where a basement was flooded as the result of an unexplained temporary obstruction in the city’s sewer main?

Alleged Negligence of City.

Plaintiff’s contentions with respect to the alleged negligence of the city are confined to alleged failures of…