Bonnot v. City of Jefferson City

CLARK, Judge.

Appellants, all residents in or owners of homes in the Brookdale Street area of Jefferson City, brought this action for damages against the city alleging losses they suffered in consequence of sewage back-up into their properties on November 1, 1984 after a heavy rain storm. Liability for the damage was predicated on the pleaded theories of res ipsa loquitur, nuisance and negligence. At the close of appellants’ evidence, the trial court directed a verdict for defendant on the res ipsa loquitur and nuisance counts and submitted the cause to the jury on the negligence count. The…