Legal Opinion

Walker v. City of Vicksburg

Mississippi Supreme Court

Decided March 15, 1894PublishedCited by 6 opinions

From the circuit court of Warren county. Hon. John D. Gtlland, Judge. Plaintiff, a minor nineteen years old, though not in the employ of the city of Vicksburg, had sometimes driven the hose-reel of the fire department to fires. He was at an engine-house when an alarm of fire, in a distant part of the city, was given.

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From the circuit court of Warren county. Hon. John D. Gtlland, Judge. Plaintiff, a minor nineteen years old, though not in the employ of the city of Vicksburg, had sometimes driven the hose-reel of the fire department to fires. He was at an engine-house when an alarm of fire, in a distant part of the city, was given. The employe iu charge of the engine-house and apparatus being absent, he consented to drive the hose-reel, drawn by a spirited horse, to the fire, and was cautioned to drive carefully. Proceeding in the direct course towards the fire, he drove westwardly down Jackson street on…

1Opinion of the CourtCampbell, C. J.

Assuming the law to be that Walker did not sustain such relation to the city, by reason of his employment as a fireman, as to preclude him from recovering for an injury sustained because of a defect in the street under circumstances which would entitle any traveler to recover, it appears too plain for dispute that his injury resulted from want of due care on his part, and that on this ground he should not be allowed to recover. The extent of the obligation of the city *902is to keep the streets in a condition reasonably safe for general use, and it is not required to have them so as to insure the…

2Cited by6 opinions

  1. Graves v. JohnsonMississippi Supreme Court · 1937
  2. Illinois Cent. R. Co. v. BloodworthMississippi Supreme Court · 1933
  3. Gulfport & Mississippi Coast Traction Co. v. ManuelMississippi Supreme Court · 1920
  4. Mississippi Power Co. v. SellersMississippi Supreme Court · 1931
  5. Fiechter v. City of CorbinCourt of Appeals of Kentucky (pre-1976) · 1934

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