Nesbitt v. City of Greenville
Mississippi Supreme Court
From the.cireuit court of Washington county. Hon. B. W. Williamson, Judge. Action by appellant against the city of Greenville for damages caused by alleged negligence, resulting in the death of plaiutiff’s husband. The court below gave a peremptory instruction for defendant. Plaintiff appeals. The opinion contains a statement of the'case. 1. The evidence conclusively shows that the place where Nesbitt was killed was in a public street, aud the city is liable. Bell y.
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From the.cireuit court of Washington county. Hon. B. W. Williamson, Judge. Action by appellant against the city of Greenville for damages caused by alleged negligence, resulting in the death of plaiutiff’s husband. The court below gave a peremptory instruction for defendant. Plaintiff appeals. The opinion contains a statement of the'case. 1. The evidence conclusively shows that the place where Nesbitt was killed was in a public street, aud the city is liable. Bell y. West Point, 51 Miss!, 262. uOnee a highway, always a highway.” The burden of showing the abandonment of the street as such…
1Opinion of the CourtWoods, J.
There is much evidence in the record tending to show that the highway at the point where plaintiff’s deceased husband received his injuries was a public street in Greenville, and we have no reason to suppose that the peremptory instruction of the court below had any relation to this phase of the case.
Let us examine, briefly, the evidence which was offered for *28the purpose of showing negligence in the municipality in permitting an obstruction for a long while in the public street —an obstruction, as it now appears, which was dangerous to persous passing along'or using such street.
The…
2Cited by18 opinions
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- Gulfport & Mississippi Coast Traction Co. v. ManuelMississippi Supreme Court · 1920
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