City of Gulfport v. Shepperd
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by Mrs. J. H. Shepperd against the City of Gulf-port. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by Mrs. J. H. Shepperd against the City of Gulf-port. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The position assumed by us in the court below, and the one we shall assume and present now is that this case should never have been permitted to go to the jury, because, admitting the verity of everything testified to on behalf of the appellee, she was not entitled as a matter of law to recover from this appellant. All that these facts could show is that…
1Opinion of the CourtSykes, J.
*445The appellee, Mrs. Shepperd, sued the city of Gulf-port in the circuit court for damages for personal injuries sustained by her on account of the negligence of an alleged employee of the city. She recovered a judgment for three hundred and fifty dollars, from which judgment this appeal is prosecuted.
The negligence alleged in the declaration and proven to the satisfaction of the jury consisted in the failure of one Currie to properly fasten the top on a cesspool cleaned out by him on premises rented by the appellee. The night the cesspool was cleaned out, the appellee, in returning to her…
2Cases cited3 opinions
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- City of Pass Christian v. Fernandez ex rel. FernandezMississippi Supreme Court · 1911
- Semple v. Mayor of VicksburgMississippi Supreme Court · 1884
3Cited by3 opinions
- Bradley v. City of JacksonMississippi Supreme Court · 1928
- Jones v. City of AmoryMississippi Supreme Court · 1939
- City of Laurel v. IngramMississippi Supreme Court · 1927