SPARKS v. CITY OF PELLA

No. 51611.

137 N.W.2d 909 (1965)

Billy E. SPARKS, Appellant, v. The CITY OF PELLA, Marion County, Iowa, Appellee.

Supreme Court of Iowa.

November 16, 1965.


Attorney(s) appearing for the Case

Life, Davis & Life, Oskaloosa, for appellant.

Dirk C. Van Zante, Pella, and Carroll Johnson, Knoxville, for appellee.


MOORE, Judge.

This is an action at law to recover damages resulting from flooding of the basement of plaintiff's home in Pella by sanitary sewer backup and surface water during a heavy rainfall. Plaintiff's petition, filed February 6, 1963, alleged defendant city had negligently constructed and maintained the sewer such as to create a nuisance. Defendant's answer denied the allegations of the petition and alleged the acts complained of were in performance of a governmental...

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