Semple v. Mayor of Vicksburg
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. 1 Hon. Kalph North, Judge. A statement of the case will be found in the opinion of the court. It is submitted that Stanton, the workman whose negligent and improper conduct is complained of, was the agent and servant of the city, and that the doctrine of respondeat superior applies. The application of this doctrine to municipalities is discussed at length in the third edition of Dillon on Municipal Corporations, § 974 et seq.
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Appeal from the Circuit Court of Warren County. 1 Hon. Kalph North, Judge. A statement of the case will be found in the opinion of the court. It is submitted that Stanton, the workman whose negligent and improper conduct is complained of, was the agent and servant of the city, and that the doctrine of respondeat superior applies. The application of this doctrine to municipalities is discussed at length in the third edition of Dillon on Municipal Corporations, § 974 et seq. That the work of closing up these inlets was a corporate work, and that the city was responsible for the manner of its…
1Opinion of the CourtChalmers, J.
Washington Street, in the city of Vicksburg, was permeated throughout its length by a culvert or sewer, into which there ran various inlets from privies on the sides of the street, and also one or more inlets from private yards disconnected from the privies. The citizens being annoyed by the obnoxious stenches arising from the sewer, the board of mayor and aldermen, in 1879, passed the following ordinance:
“ On motion, .the chairman of the street committee is instructed to have all privy inlets to sewers hermetically sealed, also to ascertain if traps can be made available for shutting out all…
2Cases cited5 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1870
- Kobs v. City of MinneapolisSupreme Court of Minnesota · 1875
- Gillet v. . MoodyNew York Court of Appeals · 1850
- City of McGregor v. BoyleSupreme Court of Iowa · 1872
3Cited by8 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Anderson v. Jackson Mun. Airport Auth.Mississippi Supreme Court · 1982
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
- James L. Anderson, Jr., a Minor, by and Through James H. Doss, Uncle and Next Friend v. Jackson Municipal Airport AuthorityCourt of Appeals for the Fifth Circuit · 1982
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