Dell Rapids Mercantile Co. v. City of Dell Rapids
South Dakota Supreme Court
Appeal from circuit court, Minuehaha county. Hon. Joseph W. Jones, Judge. Action by the Dell Rapids Mercantile Company against the city of Dell .Rapids to recover damages alleged to have been occasioned by a sewer negligently constructed and kept in bad condition and repair by the defendant. There -was a judgment for plaintiff, and defendant appealed. The facts are stated in the opinion.
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Appeal from circuit court, Minuehaha county. Hon. Joseph W. Jones, Judge. Action by the Dell Rapids Mercantile Company against the city of Dell .Rapids to recover damages alleged to have been occasioned by a sewer negligently constructed and kept in bad condition and repair by the defendant. There -was a judgment for plaintiff, and defendant appealed. The facts are stated in the opinion. Appellant is not liable for the damages sustained even though the sewer was unskilfully constructed and negligently maintained. The proximate cause of the flooding was the construction of the area in the…
1Opinion of the CourtHaney, J.
Plaintiff occupied the first story and basement of a building situated at the corner of two streets in the city of Dell Rapids. The building was owned by one Cooley, who was the owner in fee simple of the lots upon which it stands. When it was erected, an area was constructed in the street, *118secured by stone walls. This area was reached by a stairway from the street. There were doors and other openings between it and the basement. Some years subsequent to the erection of the building and area, defendant constructed certain drains and a sewer, which plaintiff alleges were so defective in…
2Cases cited3 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Edmison v. LowrySouth Dakota Supreme Court · 1892
- City of Guthrie v. Nix, Halsell & Co.Supreme Court of Oklahoma · 1897
3Cited by9 opinions
- Colegrove Water Co. v. City of HollywoodCalifornia Supreme Court · 1907
- Rikansrud v. City of CantonSouth Dakota Supreme Court · 1962
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
- Goodloe v. City of RichmondCourt of Appeals of Kentucky (pre-1976) · 1933
- S. H. Kress & Co. v. City of MiamiSupreme Court of Florida · 1919
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