City of Pass Christian v. Fernandez ex rel. Fernandez
Mississippi Supreme Court
Appear from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by Ernest Fernandez against the city of Pass Christian. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Municipality not liable for tort of its officers or agents acting in a public duty, as distinguished from corporate duty.
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Appear from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by Ernest Fernandez against the city of Pass Christian. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Municipality not liable for tort of its officers or agents acting in a public duty, as distinguished from corporate duty. In the case of W. C. Alexander v. City of Vicksburg, 68 Miss. 564, the principles involved in the case now before the court are clearly, firmly and directly fixed. In that case it is held that a municipal corporation is not liable…
1Opinion of the CourtMayes, C. J.
Ernest Fernandez, a child four years old, while playfully chasing a hoop in the street of' the city of Pass Christian, was run over by a city cart and had his leg broken. Through his next friend, he sued the city for damages, and recovered judgment for one thousand dollars, from which judgment the city prosecutes an appeal.
The facts show that, when the child was struck by the cart, the driver was conversing with two women, and had his head turned in a different direction from that in which the child was approaching. The driver disputes this; but the verdict of the jury fixes the facts this…
2Cases cited1 opinion
- Alexander v. City of VicksburgMississippi Supreme Court · 1891
3Cited by39 opinions
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Roumbos v. City of ChicagoIllinois Supreme Court · 1928
- Anderson v. Jackson Mun. Airport Auth.Mississippi Supreme Court · 1982
- Starnes v. City of VardamanMississippi Supreme Court · 1991
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