Smith v. City of Jackson

*137McGrath, C. J.

Plaintiff, while driving upon a public street in the night-time, drove into an excavation, and brings case against the city. The court held that plaintiff was guilty of contributory negligence, and directed a verdict for the city.

The city had recently laid water mains in Ganson street, an east and west street, and was engaged in connecting a hydrant at the south curb of the styteet. The main had been laid near the center of the street. To make the connection, the original trench was reopened for some ten feet, and a trench had been made from the maiu to the curb, forming a T.…