City of Vicksburg v. Hennessy
Mississippi Supreme Court
Eeuob to the Circuit Court of Warren County. Hon. UptoN M. Young, Judge. 1. The injury proceeded not from the defect complained of, the want of a railing on the sidewalk at the precipitous descent, but from a gutter, which was not dangerous but useful and essential. 2. If Patrick was duly sober, his inexcusable negligence was the chief cause of the accident; and, under such circumstances, the city is not liable.
Read the full summary
Eeuob to the Circuit Court of Warren County. Hon. UptoN M. Young, Judge. 1. The injury proceeded not from the defect complained of, the want of a railing on the sidewalk at the precipitous descent, but from a gutter, which was not dangerous but useful and essential. 2. If Patrick was duly sober, his inexcusable negligence was the chief cause of the accident; and, under such circumstances, the city is not liable. Lane v. Crombie, 12 Pick. 177 ; J^Loore v. Abbot, 32 Maine, 46 ; Busch v. Davenport, 6 Iowa, 443 ; Mount Vernon v. Dusouchett, 2 Ind. 586 ; Farmer v. Concord, 2 N. H. 392 Aurora v.…
1Opinion of the CourtChalmers, J.
The defendant in error recovered judgment against the city of Vicksburg in the sum of one thousand dollars, on account of injuries sustained by a fall which is alleged to have occurred in consequence of a defect in the streets of the city. The accident happened at the intersection of Market and First East Streets. These streets cross each other at right angles ; but the natural level of Market Street, on its western side, is four or five feet higher than that of First East Street, so that a person walking along the pavement on the western side of Market Street in a northerly direction is…
2Cases cited1 opinion
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
3Cited by9 opinions
- City of Greenville v. LauryMississippi Supreme Court · 1935
- City of Meridian v. CrookMississippi Supreme Court · 1915
- Illinois Cent. R. Co. v. BloodworthMississippi Supreme Court · 1933
- McComb City v. HaymanMississippi Supreme Court · 1920
- City of Biloxi v. SchambachMississippi Supreme Court · 1963
4 more not listed; retrieve them via the Exa API.