Thompson v. City of Shelby

HONORABLE LESTER H. LOBLE, District Judge,

sitting in place of MR. JUSTICE BOTTOMLY, delivered the Opinion of the Court.

This is an action by the plaintiffs against the defendant, *563City of Slielby, its mayor and councilmen. The plaintiffs seek judgment against the defendant in the sum of $8,759 for damages to real and personal property owned by the plaintiffs. It is alleged in the complaint that in October 1947, the defendant negligently, carelessly and wrongfully constructed a storm sewer or trap near what is known as the Shelby Overpass over the Great Northern Railway Company railroad right of…