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ISEMAN CORPORATION v. RAPID CITY

No. 10223.

137 N.W.2d 885 (1965)

ISEMAN CORPORATION, a corporation, Plaintiff and Appellant, v. RAPID CITY, a Public Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

November 17, 1965.

Attorney(s) appearing for the Case

Whiting, Lynn, Freiberg & Shultz and Melvin D. Wedmore, Rapid City, for plaintiff and appellant.

Bangs, McCullen, Butler & Foye and H. F. Fellows, Rapid City, for defendant and respondent.

RENTTO, Judge.

The plaintiff's real property located in defendant city, and some personal property that it had there stored, were injured by surface waters that accumulated on the premises. It brings this action to recover damages for such injuries on the theory that the actions of the defendant city occasioned its loss.

The complaint alleges two grounds of liability: (1) that the city had permitted the C. & N. W. Ry. Company to remove a trestle from its...

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