Brasel v. Myers

While the material facts are set forth in 211 N.W.2d 846, the question of law raised by those facts and the pleadings must necessarily be stated by the trial court for a meaningful decision by this court on appeal.

Plaintiff has alleged, and therefore acknowledged, that the damage to his property essentially occurred by reason of “cloudbursts causing heavy and rapid rainfall”. He further alleged that such cloudbursts are to be expected and that the defendants knew or should have known that the surface water, under the circumstances of a cloudburst, would come upon the sidewalk. This would…