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SMITH v. CHARLES MIX COUNTY

No. 10754.

182 N.W.2d 223 (1970)

George SMITH and Lloyd Houska, Plaintiffs and Respondents, v. CHARLES MIX COUNTY, South Dakota, John Pranger, Wesley J. Carda, Albert Svatos, as County Commissioners of Charles Mix County, South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

December 18, 1970.

Attorney(s) appearing for the Case

M. E. Miller, Lake Andes, for defendants and appellants.

Rueb & Wipf, Owen R. Wipf, Wagner, for plaintiffs and respondents.

HANSON, Judge.

The trial of this action for damages to crops caused by flood waters resulted in a verdict for plaintiffs in the amount of $1,550. The defendant county appeals.

The plaintiff, George Smith, owns and the plaintiff, Lloyd Houska, rents on a share crop basis the North Half of the Northwest Quarter of Section 13 and the North Half of the Northeast Quarter of Section 14, in Ree Township, Charles Mix County, South Dakota. A county highway running...

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