Lepnick v. Gaddis
Mississippi Supreme Court
Feom the circuit court of Madison county. HoN. J. B. ChrismaN, Judge. The opinion states the facts. The facts set up in the declaration clearly show negligence on the part of defendant, and, as they do not show contributory negligence, the demurrer should have been overruled. Without reference to the authorities sustaining our position, common reason and justice require the defendant, under the facts in this case, to be held liable.
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Feom the circuit court of Madison county. HoN. J. B. ChrismaN, Judge. The opinion states the facts. The facts set up in the declaration clearly show negligence on the part of defendant, and, as they do not show contributory negligence, the demurrer should have been overruled. Without reference to the authorities sustaining our position, common reason and justice require the defendant, under the facts in this case, to be held liable. Conceding his right to do with his own as he pleases, he must exercise this right with due regard to the rights of others. He should not be permitted to wantonly…
1Opinion of the CourtWhitfield, J.
The plaintiff rests the cause of action, in the first count, upon this state of case: That defendant had long owned a lot in Flora bounded by two of the main thoroughfares; that the lot was vacant, except for his storehouse, which covered a cistern; that the storehouse had long been used as a place of business; that the entire public used, at defendant’s invitation, knowledge, and consent, this vacant lot as a thoroughfare and common in passing from street to street, and also so used two paths over said lot within three and eleven feet, respectively, of the cistern; that the cistern was…
2Cases cited7 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- City of Norwich v. BreedSupreme Court of Connecticut · 1862
- Graves v. ThomasIndiana Supreme Court · 1884
- Mackey v. City of VicksburgMississippi Supreme Court · 1887
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3Cited by20 opinions
- Stanley v. Morgan & Lindsey, Inc.Mississippi Supreme Court · 1967
- Marlon Investment Co. v. ConnerMississippi Supreme Court · 1963
- Printy v. ReimboldSupreme Court of Iowa · 1925
- Monroe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Arnold v. City of St. LouisSupreme Court of Missouri · 1899
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