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LESLIE v. CITY OF BONESTEEL

No. 13135.

303 N.W.2d 117 (1981)

Anita LESLIE and Darwin Leslie, Plaintiffs and Appellants, v. CITY OF BONESTEEL, a Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

March 18, 1981.

Rehearing Denied April 23, 1981.

Attorney(s) appearing for the Case

J. M. Grossenburg of Day, Grossenburg & Whiting, Winner, for plaintiffs and appellants.

Donald E. Covey, Winner, for defendant and appellee.

HENDERSON, Justice.

ACTION

Appellants (Anita and Darwin Leslie) appeal from a judgment of the trial court dismissing their complaint against appellee (City of Bonesteel, South Dakota). Appellants sought damages under two causes of action: negligence and nuisance. By agreement of the parties, the case was tried before the trial court sitting without a jury. We reverse and remand.

FACTS

At the time of the commencement of this action, appellants...

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