Dempsey v. City of Souris , 1979 N.D. LEXIS 245 ( 1979 )

PEDERSON, Justice,

concurring Specially-

Determining whether or not the negligent acts of the City of Souris were the proximate cause of the damage to the Dempsey land could be a question of law. The City does not make that claim but says that the “case is almost completely a factual one.” The City did not challenge any of the findings of fact except in a general way, in arguing that the trial court misjudged the credibility of the witnesses. Under these circumstances, the majority opinion contains a significant amount of dicta.

I concur in the results; the judgment should be affirmed.