Deschner v. City of Ipswich

The respondents are the owners of a brick building located in the city of Ipswich, S. D. In August, 1927, following a heavy rain, water ran down the street on the west side of respondent’s building, washed under the sidewalks, and broke through the wall of an areaway and into the basement, causing considerable damage to the building. The respondents brought this action against the city of Ipswich to recover the amount of the damage. From a verdict and judgment in favor of the respondents, and from an order denying a motion for a new trial, the city has appealed.

The evidence disclosed that the…