Dell Rapids Mercantile Co. v. City of Dell Rapids

Citations

• 11 S.D. 116
• 75 N.W. 898
• 1898 S.D. LEXIS 84

Syllabus

<p>1. An abutting lot owner who owns the fee of the street has a right tO' construct therein an area, and to use the same, subject to the public easement.</p> <p>2. Where a city negligently constructed sewers and drains so that they would not carry oft the rainfall, which was in consequence discharged into an area occupied by the tenant of the abutting property, the tenant may recover for the damage resulting therefrom,' unless such area was negligently constructed or out of repair, so that it contributed to the injury.</p> <p>3. A party, having failed to request more defínate instructions, or to except to those given, cannot complain on appeal that they are not sufficiently definite.</p>