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RIKANSRUD v. CITY OF CANTON

No. 9950.

116 N.W.2d 234 (1962)

Donald RIKANSRUD and Opal Rikansrud, Plaintiffs and Respondents, v. CITY OF CANTON, a municipal corporation, Defendant and Appellant.

Supreme Court of South Dakota.

July 13, 1962.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, J. B. Shultz, Sioux Falls, for defendant and appellant.

Samuel W. Masten, Canton, for plaintiffs and respondents.

SMITH, Judge.

Water from a broken city main flooded and damaged the foundation, basement and sidewalks of plaintiffs' home. It is the theory of plaintiffs that this water gained entrance to their premises by following along through the backfilled trench of a city trunk sewer, and thence through the backfilled trench of plaintiffs' service sewer. They make no claim that the break in the water main resulted from negligence of the city. They allege the city did negligently...

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