McComb City v. Hayman
Mississippi Supreme Court
Appeal from circuit court of Pike county. 1-Ion. D. M. Miller, Judge. Action by H. A. Hayman and others against McComb City to recover for wrongful death.
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Appeal from circuit court of Pike county. 1-Ion. D. M. Miller, Judge. Action by H. A. Hayman and others against McComb City to recover for wrongful death. Judgment for plain-' tiffs, and defendant appeals. ' It seems to us that the issue squarely made in this case, is, should city authorities be compelled, at the expense of the city, to safeguard its streets, sidewalks, and drainage, both natural and artificial, so as to permit children who have just learned to walk to go hither and thither alone, unprotected upon the streets of the city and that parents may recover regardless of the care…
1Opinion of the CourtSmith, C. J.
This is an action at law in which the appellees, who are the father, mother, and brother of Jerome Wilson Hayman, deceased, recovered from the appellant damages for the death of Jerome Wilson Hayman, a child two years and seven months old, who was drowned in a gully near one of the appellant’s streets.
The streets of McComb City at the place where the death of the child occurred run north and south and east and west intersecting each other at right angles. Avenue E runs east and west, intersecting- Magnolia and Cherry streets, which run north and south one block apart. The child lived with its…
2Cases cited5 opinions
- City of Meridian v. CrookMississippi Supreme Court · 1915
- Gulfport & Mississippi Coast Traction Co. v. ManuelMississippi Supreme Court · 1920
- Higginbottom v. Village of BurnsvilleMississippi Supreme Court · 1916
- City of Vicksburg v. HennessyMississippi Supreme Court · 1877
- Butler v. Town of OxfordMississippi Supreme Court · 1891
3Cited by20 opinions
- Skelton v. Twin County Rural Elec. Ass'nMississippi Supreme Court · 1992
- Illinois Cent. R. Co. v. HawkinsMississippi Supreme Court · 2002
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- Illinois Cent. R. Co. v. BloodworthMississippi Supreme Court · 1933
- McGill v. City of LaurelMississippi Supreme Court · 1965
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