Higginbottom v. Village of Burnsville
Mississippi Supreme Court
•Appeal from the circuit court of Tishomingo county. Host. Claude Claytoh, Judge. Suit hy B-. M. Higginbottom against the village of Burnsville. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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•Appeal from the circuit court of Tishomingo county. Host. Claude Claytoh, Judge. Suit hy B-. M. Higginbottom against the village of Burnsville. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Counsel for appellee, in their brief, admit that there was a defect in the culvert and that the city had knowledge of the defect; that the defect had been there for several months before the injury occurred, and the village had actual notice; and if it had not actual notice, the defect had been there long enough for the village to have had…
1Opinion of the CourtSteveNS, J.
Burnsville, in Tishomingo county, is a village duly incorporated. Fulton or Jefferson street leads from the center of the town in a northerly direction. Across this street near the corporate line was a bride or culvert, duly placed by the municipal authorities. At one end and on the south *224side thereof was a large hole, or depression, that had been washed out and of considerable size. It is difficult to gather from the evidence the exact measurements of this gully. It appears, however, that the “straight down part” was eleven and one-half inches deep, and that from the top of this…
2Cases cited1 opinion
- City of Meridian v. CrookMississippi Supreme Court · 1915
3Cited by10 opinions
- Illinois Cent. R. Co. v. BloodworthMississippi Supreme Court · 1933
- Byrnes v. City of JacksonMississippi Supreme Court · 1925
- McComb City v. HaymanMississippi Supreme Court · 1920
- Warren v. Town of BoonevilleMississippi Supreme Court · 1928
- City of Jackson v. ClarkMississippi Supreme Court · 1928
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