Shuck v. City of Sioux Falls

Drainage provided by culverts extending through a street grade of the city of Sioux Falls failed to dispose of surface water derived from snow during a sudden March thaw. The water which ac'cumulated above the grade flooded plaintiff’s home, well and cesspools. In this action he sought to recover the resulting damages from the city of Sioux Falls. The trial was to the court without a jury and an $800 judgment was entered for plaintiff. The city has appealed.

Plaintiff is the owner of a half block of property abutting the north side of West 41st Street, a public street extending east and west…