Hohm v. City of Rapid City

[¶ 30.] Today we examine for the first time the full extent of a 1939 statute on municipal liability for street maintenance and construction. We conclude that the Legislature has strictly limited municipal liability for city streets to instances where the city fails to provide guards for an “abandoned” highway or neglects to timely repair or guard a “highway, culvert, or bridge ... damaged by flood, fire or other cause[J” SDCL 31-32-10.

[¶31.] This is a sharp change in direction. Almost from the time of statehood, cities have been liable under the common law for negligence in failing to…