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GRAFFUNDER v. CITY OF MAHTOMEDI

No. C7-85-922.

376 N.W.2d 282 (1985)

Otto C. GRAFFUNDER, et al., Appellants, v. The CITY OF MAHTOMEDI, Respondent.

Court of Appeals of Minnesota.

November 5, 1985.

Attorney(s) appearing for the Case

James H. Williams, St. Paul, for appellants.

Richard D. Allen, Charles B. Rogers, Briggs & Morgan, Minneapolis, for respondent.

Heard, considered and decided by FORSBERG, P.J., and PARKER and FOLEY, JJ.

OPINION

FORSBERG, Judge.

This appeal is from a judgment entered against a landowner on a claim of negligence, nuisance, and trespass against the respondent City of Mahtomedi following alleged recurrent backups of sewage into his basement. Trial was to the court, which determined that appellant was 70% negligent and the City 30% negligent. The court found damages of $2320. We reverse and remand the apportionment of negligence, and affirm the finding on damages...

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