Leslie v. City of Bonesteel

HENDERSON, Justice.

ACTION

Appellants (Anita and Darwin Leslie) appeal from a judgment of the trial court dismissing their complaint against appellee (City of Bonesteel, South Dakota). Appellants sought damages under two causes of action: negligence and nuisance. By agreement of the parties, the case was tried before the trial court sitting without a jury. We reverse and remand.

FACTS.

At the time of the commencement of this action, appellants owned a home in Bone-steel, South Dakota. On August 28, 1978, sewer water accumulated in the basement of appellants’ home. This accumulation came from the…