Haley & Lang Co. v. City of Huron
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Arva E. •Tayror, Judge. ' Action by the Haley & Bang Company again-st the City of Huron, to recover damages for injury to plaintiff’s stock in -the basement of his building, caused by negligent flooding thereof by defendant. From a judgment in favor of defendant, and an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Beadle County. Hon. Arva E. •Tayror, Judge. ' Action by the Haley & Bang Company again-st the City of Huron, to recover damages for injury to plaintiff’s stock in -the basement of his building, caused by negligent flooding thereof by defendant. From a judgment in favor of defendant, and an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant cited: Barnes v. City of Cohoes, 67 N. Y. 207; Mairs v. Manhattan R. E. Assn., 89 N. Y. 498; Seifert v. City of Brooklyn, 101 N. Y. 136; Noonan v. 'City of Albany, 79 N. Y. 476; Evansville…
1Opinion of the CourtGates, J.
This is an action for damages to a stock of merchandise in the basement of plaintiff’s building, situated at the corner of Iowa street and First street, in the city of Huron, 'caused by the flooding of the basement by the backwater from a certain 8-inch sanitary sewer. There was a trial by jury, which returned a verdict for the city. From the judgment and an order denying a new trial, the plaintiff appeals.
It is the theory of plaintiff that the proximate cause of the damage was the negligence of the city in connecting this sanitary sewer with a surface .drain on First street; that the 8-inch…
2Cited by9 opinions
- Nelson v. City of Sioux FallsSouth Dakota Supreme Court · 1940
- Stewart v. Rapid CitySouth Dakota Supreme Court · 1925
- Shann v. City of Rapid CitySouth Dakota Supreme Court · 1948
- Deschner v. City of IpswichSouth Dakota Supreme Court · 1932
- City & County of Denver v. MasonSupreme Court of Colorado · 1931
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