City of Greenville v. Middleton
Mississippi Supreme Court
Appeal from circuit court of Washington county. Hon. I-I. H. Elmore, Judge. Action by J. T. Middleton against the City of Green-ville. Judgment for plaintiff, and defendant appeals. The appellant contends that the court erred in refusing the peremptory instruction for the defendant because the evidence failed to shoAV any negligence in the city of Greenville. And further, that the .verdict is contrary to the evidence.
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Appeal from circuit court of Washington county. Hon. I-I. H. Elmore, Judge. Action by J. T. Middleton against the City of Green-ville. Judgment for plaintiff, and defendant appeals. The appellant contends that the court erred in refusing the peremptory instruction for the defendant because the evidence failed to shoAV any negligence in the city of Greenville. And further, that the .verdict is contrary to the evidence. And, even if the appellant Avas negligent, that the amount of the verdict is grossly in excess of the damages.sustained by the appellee. McQuillin on Municipal Corporations,…
1Opinion of the Court
W. II. Cook,
delivered the opinion of the court.
The plaintiff, appellee here, sued the city of Greenville for damages for personal injuries alleged to have been sustained by reason of a defective bridge across one of the streets of the city, and from a judgment in favor of appellee for five thousand dollars the city prosecutes this appeal.
In August, 1917, plaintiff, a. lifelong cripple, Avas the agent in the city of Greenville for one of the Memphis newspapers. These papers reached Greenville shortly before ten o’clock p. m., and' plaintiff delivered them to the various subscribers at night.…
2Cases cited4 opinions
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
- City of Decatur v. BestenIllinois Supreme Court · 1897
- Whitfield v. City of MeridianMississippi Supreme Court · 1889
- Naylor v. Salt Lake CityUtah Supreme Court · 1894
3Cited by7 opinions
- City of Jackson v. LocklarMississippi Supreme Court · 1983
- White v. ThomasonMississippi Supreme Court · 1975
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- Warren v. City of TupeloMississippi Supreme Court · 1940
- Dow v. Town of D'LoMississippi Supreme Court · 1934
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