Brasel v. City of Pierre

(on reassignment).

These appeals present procedural questions and are disposed of on that basis. The parties will be referred to in the singular — Myers and Brasel.

Brasel owned and operated the Waverly Hotel fronting on Pierre Street, and Myers owned two lots adjoining it to "the north. While the concrete sidewalk in front of the Myers property was on solid ground, beneath the sidewalk from the foundation of the hotel to the street curbline was an areaway or cavity enclosed by rock walls. This situation existed since 1936, and the area had been used by the hotel operators as a storage place.…