Adams v. City of Vicksburg
Mississippi Supreme Court
Appeal from circuit court of Warren county. Hon. E. L. Brién, Judge. Action by Mrs. Mary Adams against the city of Vicksburg. Judgment for defendant on demurrer, and plaintiff appeals.
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Appeal from circuit court of Warren county. Hon. E. L. Brién, Judge. Action by Mrs. Mary Adams against the city of Vicksburg. Judgment for defendant on demurrer, and plaintiff appeals. The authorities are divided about equally as to whether a lot owner, by joining in a petition for a change in the grade of the street whereon his land abuts, disqualifies himself to demand compensation for damage due to such change.” 13 R. C. L., section 96, page 107. While denying the foregoing text truly sets forth the state or condition, of the authorities, and while in our humble opinion the sounder view…
1Opinion of the CourtHolden, J.
The appellant, Mrs. Mary Adams, sued the city of Vicksburg for damages to her property abutting on Speed street, on account of changing the grade of the street and sidewalk in front of it.
The city denied liability on the ground that the appellant, with other abutting property owners, petitioned the city to grade the street to its proper lines and grades, and, having thus waived her right, was thereby legally es-topped from- claiming damages; that the city would not have incurred such expense of grading without the said petition of appellant and the other abutting owners.
The appellant, by…
2Cases cited3 opinions
- Robinson v. Mayor of VicksburgMississippi Supreme Court · 1911
- City of Meridian v. HudsonMississippi Supreme Court · 1916
- Oliver v. City of MaconMississippi Supreme Court · 1916