McCormick v. Town of Thermopolis

The McCormicks, owners of real estate, sued the Chicago, Burlington & Quincy Railroad Company and the Town of Ther-mopolis, alleging that defendants carelessly and negligently maintained a nuisance and an unsafe sewer and drain, which caused water to back up and damage plaintiffs’ property on June 14 and 15, 1963, and on July 28, 1965, and that defendants were aware of the defectively maintained sewer and drainage system and prior to June 14, 1963, were on notice the same would likely cause damage.

The Davises and Custers separately filed actions which were similar except that they alleged…