BOGUE v. CLAY COUNTY

No. 9362.

60 N.W.2d 218 (1953)

BOGUE v. CLAY COUNTY.

Supreme Court of South Dakota.

September 25, 1953.


Attorney(s) appearing for the Case

Everett A. Bogue, Vermillion, for respondent.

Martin Weeks, Jr., Vermillion, and Louis B. French, Yankton, for appellant.


LEEDOM, Judge.

Plaintiff landowner obtained a judgment in the circuit court enjoining the defendant Clay County from discharging upon plaintiff's land surface water and silt collected in a road ditch; and for $300 damages resulting from the flooding of the land in 1951. Clay County has appealed. We affirm the judgment.

The appellant county urges 5 grounds to establish its nonliability. They are: (1) that there is no cause of action against the county in that...

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