Pettinger v. Village of Winnebago

Dell, Justice.

Defendant appeals from an order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

The action was one to recover damages sustained by the plaintiffs through the flooding of their basement alleged to have been brought about by the negligent construction and maintenance of defendant’s sanitary sewer system.

A verdict having been returned for the plaintiffs, which has the approval of the trial court, we necessarily state the facts as the jury would be justified in finding them in support of the verdict. Many of the facts are not in dispute. The…