Shipley v. City of Spearfish

WINANS, Justice.

On December 18, 1972, Darrell and Katherine Shipley, husband and wife, were the owners of a single story residence with a finished basement situated in the City of Spearfish. On that day the sewer line to which their home was connected backed up through the floor drains in the washroom and in the shower, both in the basement, and throughout the basement area deposited raw sewage which was reported to be ankle high. The Shipleys’ troubles appear to have begun on the 15th of December when they noticed slower-than-usual draining in their plumbing but it was not until the morning…