Fewell v. City of Meridian
Mississippi Supreme Court
From the circuit court of Lauderdale county. IIon. Robert F. Cochran, Judge. Fewell and wife, appellants, were plaintiffs in the court below; the city of Meridian, appellee, was defendant there. From a judgment for defendant the plaintiffs appealed to the supreme court. Plaintiffs owned and occupied as a homestead a lot in Meridian, having purchased it from one Meyer.
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From the circuit court of Lauderdale county. IIon. Robert F. Cochran, Judge. Fewell and wife, appellants, were plaintiffs in the court below; the city of Meridian, appellee, was defendant there. From a judgment for defendant the plaintiffs appealed to the supreme court. Plaintiffs owned and occupied as a homestead a lot in Meridian, having purchased it from one Meyer. The lot was lower than the surrounding property, and the city constructed drains and sewers to carry off the surface water which passed along the adjacent streets, and constructed a manhole in a street in front of plaintiffs’…
1Opinion of the CourtWhitfield, C. J.
We have given this record the most careful examination, going over it repeatedly. The cause of action set forth in the declaration is chiefly the failure of the city to properly construct and maintain pipes of sufficient size to carry off the surface water accumulating in the manhole in front of the appellant’s premises, though it is subsidiarily charged that, the city had “negligently crossed through said manhole another pipe, and that this said cross-pipe caught filth, drift, etc., and thus stopped the flow of even the small quantity of water which was ordinarily accommodated by said…
2Cases cited12 opinions
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Chalkley v. City of RichmondSupreme Court of Virginia · 1891
- City of Aurora v. ReedIllinois Supreme Court · 1870
- Gray v. StateMississippi Supreme Court · 1907
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3Cited by4 opinions
- Fortenberry v. City of JacksonMississippi Supreme Court · 2011
- City of Vicksburg v. PorterfieldMississippi Supreme Court · 1933
- City of Meridian v. SullivanMississippi Supreme Court · 1950
- James Fortenberry v. City of Jackson, MississippiMississippi Supreme Court · 2007