Shipley v. City of Spearfish

235 N.W.2d 911 (1975)

Darrell SHIPLEY and Katherine Shipley, Plaintiffs and Respondents,

v.

CITY OF SPEARFISH, a Municipal Corporation, Defendant and Appellant.

No. 11544.

Supreme Court of South Dakota.

December 5, 1975.

Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and appellant.

Dale R. Hansen, Morrill & Hansen, Sturgis, for plaintiffs and respondents.

WINANS, Justice.

On December 18, 1972, Darrell and Katherine Shipley, husband and wife, were the owners of a single story residence with a finished basement situated in the City of Spearfish. On that day the sewer…