Habicht v. City of Wessington Springs

As alleged in the complaint, this is an action to recover from defendant city damages to plaintiffs’ store building and merchandise, caused by a heavy, but not unprecedented, rain. The basis of "the alleged liability is the negligence of the city. At the beginning of the trial the city objected to- the introduction ’of testimlony for that the complaint did not state facts sufficient to constitute-a cause of action. The objection was sustained, and a judgment was entered dismissing the action on its merits. Therefrom plaintiffs appeal.

The following facts, derived from the allegations of the…