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BRASEL v. CITY OF PIERRE

Nos. 11054, 11055.

211 N.W.2d 846 (1973)

James BRASEL and Agnes Brasel, Plaintiffs and Appellants, v. CITY OF PIERRE, a municipal corporation, Defendant and Respondent, v. Homer MYERS and Jack Paul Myers, Defendants and Appellants.

Supreme Court of South Dakota.

Reassigned September 11, 1973.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Bottum & Bonynge, Wessington Springs, for plaintiffs and appellants.

Stephens, Riter, Mayer & Hofer, Pierre, for defendant and respondent.

Martens, Goldsmith, May, Porter & Adam, Pierre, for defendants and appellants.

BIEGELMEIER, Chief Justice (on reassignment).

These appeals present procedural questions and are disposed of on that basis. The parties will be referred to in the singular—Myers and Brasel.

Brasel owned and operated the Waverly Hotel fronting on Pierre Street, and Myers owned two lots adjoining it to the north. While the concrete sidewalk in front of the Myers property was on solid ground, beneath the sidewalk from the foundation of the hotel to the...

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