Sayles v. City of Mitchell

This is an appeal from the overruling of defendants demurrer to plaintiffs complaint on the grounds that the complaint fails to state facts sufficient to constitute a cause of action.

The plaintiffs amended complaint to which the defendant interposed its demurrer sets forth and alleges that plaintiff owned certain land in Davison county, S. D., along and through which “Fire-Steel” creek flowed whereby she as a riparian owner was supplied with a continuous and abundant stream of water. Upon this riparian land', the plaintiff constructed and maintained at a large expense a public swimming pool…