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SHUCK v. CITY OF SIOUX FALLS

No. 9951.

113 N.W.2d 849 (1962)

John SHUCK, Plaintiff and Respondent, v. CITY OF SIOUX FALLS, Defendant and Appellant.

Supreme Court of South Dakota.

March 27, 1962.

Attorney(s) appearing for the Case

John E. Burke, Asst. City Atty., Sioux Falls, for defendant and appellant.

Henry C. Mundt, Sioux Falls, for plaintiff and respondent.

SMITH, Judge.

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 accumulated 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...

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