Jackson v. City of Greenville
Mississippi Supreme Court
FroM the circuit court of Washington county. HoN. R. W. WilliaMSOn, Judge. The opinion states the cáse. (1) The place where appellant was injured was a sidewalk dedicated and maintained for public use; (2) it was in a defective condition; (3) the city had actual or constructive notice of its condition; (1) appellant was injured while on the sidewalk; (5) its defective condition caused his injuries.
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FroM the circuit court of Washington county. HoN. R. W. WilliaMSOn, Judge. The opinion states the cáse. (1) The place where appellant was injured was a sidewalk dedicated and maintained for public use; (2) it was in a defective condition; (3) the city had actual or constructive notice of its condition; (1) appellant was injured while on the sidewalk; (5) its defective condition caused his injuries. Appellant proved these facts, and thus made out his case, and, as appellee introduced no affirmative matter of defense, it was error to direct a verdict for defendant. We assent to the justness of…
1Opinion of the CourtWoods, J.
This action was brought by the appellant for the recovery of damages for injuries sustained by him in consequence of defects in a sidewalk in the city of Greenville, negligently suffered to exist. To the declaration filed, appellee interposed the plea of the general issue, and gave notice thereunder, (1) that the injury complained of was the result of plaintiff’s own negligence; and (2) that, at the time of the injury, and for a reasonable time before, the defendant city had exercised and exhausted all its powers, under the law, to raise money for the repair of its streets, and that all its…
2Cases cited6 opinions
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- City of Chicago v. KeefeIllinois Supreme Court · 1885
- City of Vicksburg v. McLainMississippi Supreme Court · 1889
- Mackey v. City of VicksburgMississippi Supreme Court · 1887
- Duffy v. City of DubuqueSupreme Court of Iowa · 1884
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3Cited by3 opinions
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Dow v. Town of D'LoMississippi Supreme Court · 1934
- Beaudin v. Bay CityMichigan Supreme Court · 1904