White v. Corporation of Yazoo City
Mississippi Supreme Court
In error from the circuit court of Yazoo county; Hon. Robert C. Perry, judge. This was a suit instituted by the plaintiffs in error against the corporation of Yazoo City, to recover damages on account of a ditch, sewer, or culvert made by the corporate authorities of Yazoo City, within and upon the sidewalks of said city, whereby the property of said appellants was greatly damaged.
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In error from the circuit court of Yazoo county; Hon. Robert C. Perry, judge. This was a suit instituted by the plaintiffs in error against the corporation of Yazoo City, to recover damages on account of a ditch, sewer, or culvert made by the corporate authorities of Yazoo City, within and upon the sidewalks of said city, whereby the property of said appellants was greatly damaged. The court below refused to let testimony to prove consequential damages incurred to his property on account of said works, go to the jury; and appellants excepted to ruling of the court and prayed a writ of error…
1Opinion of the CourtJustice Handy
The only question presented by this record is, whether the defendant is liable to an action for consequential damage resulting to the property of the plaintiffs in error from a ditch, or culvert, made on the side of a public street in Yazoo City by the. defendants.
*359The charter of the town gave the corporate authorities “ power to cause to be opened, graded, and repaired, or otherwise improved, any street, lane, alley, sewers, gutters,” &c.
The power to do the work is thus amply conferred. It was not alleged that it was wantonly and unnecessarily exercised by the corporate authorities in making…
2Cited by13 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- King v. Vicksburg Railway & Light Co.Mississippi Supreme Court · 1906
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