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BARNES v. CITY OF THOMPSON FALLS

No. 98-215.

979 P.2d 1275 (1999)

1999 MT 77

Sally A. BARNES, Plaintiff and Appellant, v. CITY OF THOMPSON FALLS, Defendant and Respondent.

Supreme Court of Montana.

Decided April 20, 1999.

Attorney(s) appearing for the Case

Linda M. Deola; Reynolds, Motl & Sherwood, Helena, Montana, For Appellant.

Mark S. Williams; Williams & Ranney, Missoula, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Sally A. Barnes (Barnes) filed suit against the City of Thompson Falls (Thompson Falls) in the Twentieth Judicial District Court, Sanders County, alleging negligence and nuisance in relation to a 1996 flood that damaged her home. The District Court denied, over objection, Barnes' request to instruct the jury on nuisance. Barnes appeals. We affirm.

¶ 2 The sole issue on appeal is...

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