Rikansrud v. City of Canton

SMITH, J..

Water from a broken city main flooded and damaged the foundation, basement and. sidewalks of plaintiffs' home. It is the theory of plaintiffs that this water gained entrance to their premises by following along through the backfilled trench of a city trunk sewer, and thence through the backfilled trench of plaintiffs’ service sewer. They make no claim that the break in the water main resulted from negligence of the city. They allege the city did negligently construct, maintain and repair the described trunk sewer and thereby caused the water to enter the premises. The answer of the…