Gibson v. City of Huntington
West Virginia Supreme Court
cited 27 A. M. Rep. 755; 9 N. E. Rop.155 ; 25 A. M. Rep. 378; 79 Va. Kept. 86 ; 10 N. E. Eep. 442 ; 15 X. E. Rep. 824, Syl. 2; 63 Iowa 171; 90 N. 0. 431 ; 64 la. 251; 51 A. M. Rep. 154; 31 A. M. Rep. 203; 9 S. E. Rep. 51; 18 Ill. 360. cited Code c. 43, s. 53; 9 S. E. Rep. 57; 2 Dill. Mun. Corp. § 1005 ; 8 All. 237; 32 W. Va. 55.
1Opinion of the Court
Dent, Judge :
Mary Lewis, an infant four years and five months old, while playing on the side of a road in the city of Huntington on the-day of May, 1892, was killed by the falling of an embankment, which had been kept along the street or road as a barrier to keep travelers along the highway from driving into the adjacent creek. This embankment had been undermined to some extent by persons digging out sand and gravel, and was in a dangerous condition, as the death of the child bears witness. The street commissioner after some excavating had been done (how much, the evidence does not disclose)…
2Cases cited7 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- City of Richmond v. Long's Adm'rsSupreme Court of Virginia · 1867
- Chapman v. MiltonWest Virginia Supreme Court · 1888
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Biggs v. HuntingtonWest Virginia Supreme Court · 1889
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3Cited by50 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
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- Hatten v. Mason Realty CompanyWest Virginia Supreme Court · 1964
- Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
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