Kinnischtzke v. City of Glen Ullin

*499Morris, Ch. J.

This is an action for damages against the City of Glen Ullin based upon negligent injury to plaintiff’s property.

The complaint alleges that the plaintiff owns 640 acres of land approximately one-half mile from the City of Glen Ullin and maintains thereon his home and residence for his family. It is then alleged that the defendant carelessly and negligently operates its sewer system and cesspool and by reason of such negligence causes the city sewage and offal to be discharged into a creek which flows through and adjacent to the plaintiff’s premises and that the sewage has…