Mayor of Vicksburg v. Holmes
Mississippi Supreme Court
Appeal from tbe chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Bill by Mary Holmes and others against the mayor and board of aldermen of the city of Vicksburg. From a judgment overruling a demurrer to the complaint, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from tbe chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Bill by Mary Holmes and others against the mayor and board of aldermen of the city of Vicksburg. From a judgment overruling a demurrer to the complaint, defendant appeals. The facts are fully stated in the opinion of the court. It will be observed that the contract to raise said building was let and awarded by the city to W. H. Padgett, an independent contractor, and presumably a reputable and competent one, who himself did the work, and not the city. It will further be observed that on the completion of the…
1Opinion of the CourtCook, J.
In changing the grade of certain streets in the city of Vicksburg, appellant undertook to raise the church building of the King David Baptist Church, a colored organization, to the new grade, and employed a contractor to do the necessary work. The bill of complaint alleges that “on account of the insufficient number and size of the pillars put under the said building, and the poor material used therein, and the negligent and imperfect workmanship, the said church was not safe- for the purposes for which it was intended; that, in addition to the above, the said pillars were set upon the…
2Cases cited2 opinions
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
- Thornton v. DowWashington Supreme Court · 1910
3Cited by12 opinions
- Crutchfield v. FA Sebring Realty Co.Supreme Court of Florida · 1954
- Holmes v. T. M. Strider & Co.Mississippi Supreme Court · 1939
- Delta Construction Co. of Jackson v. City of JacksonMississippi Supreme Court · 1967
- Burkett v. Globe Indemnity Co.Mississippi Supreme Court · 1938
- Ford Motor Co. v. MyersMississippi Supreme Court · 1928
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