Rainey v. Hinds County
Mississippi Supreme Court
From the circuit court, first district, of Hinds county. IIon. Robert Powell, Judge. Rainey, the appellant, was the plaintiff in the court below; Hinds county was defendant there. The suit was for damages to land belonging to the plaintiff.
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From the circuit court, first district, of Hinds county. IIon. Robert Powell, Judge. Rainey, the appellant, was the plaintiff in the court below; Hinds county was defendant there. The suit was for damages to land belonging to the plaintiff. The declaration averred that the county, through the board of supervisors, had caused the grade of a highway to be elevated, creating a causeway, and that the work was improperly done, in that there were no openings left for the escape of water, and, as a consequence, the plaintiff’s adjacent lands were flooded with water, and a pond was formed thereon…
1Opinion of the CourtTerral, J.
It seems to be settled in this* state that a county is not ordinarily liable to suit except in cases provided for by law. This exemption is placed upon the ground that a county is a governmental agency, created for local purposes, and in this regard it partakes of the immunity of the state itself. The only question before us is whether the declaration states a cause of action against Hinds county. A county, with us, has certain prerogatives and judicial powers, and with respect to the exercise of such powers it may not ordinarily be sued. But a county is also, for many purposes, a…
2Cases cited4 opinions
- City of Vicksburg v. HermanMississippi Supreme Court · 1894
- Copiah County v. LuskMississippi Supreme Court · 1899
- Board of Supervisors v. NilesMississippi Supreme Court · 1880
- State ex rel. Lawrence County v. FortinberryMississippi Supreme Court · 1877
3Cited by12 opinions
- King v. Vicksburg Railway & Light Co.Mississippi Supreme Court · 1906
- Morris v. Covington CountyMississippi Supreme Court · 1918
- State Highway Commission v. KnightMississippi Supreme Court · 1934
- Covington County v. WattsMississippi Supreme Court · 1919
- Stigall v. Sharkey CountyMississippi Supreme Court · 1952
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