Brown v. City of Vicksburg
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Action ^by W. M. Brown and others, trustees of the King David Baptist Church of Vicksburg, Mississippi, against the city of Vicksburg and the Mississippi Lumber Company. From a judgment for defendant, both sides appeal.
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Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Action ^by W. M. Brown and others, trustees of the King David Baptist Church of Vicksburg, Mississippi, against the city of Vicksburg and the Mississippi Lumber Company. From a judgment for defendant, both sides appeal. Appellants, trustees of the King David Baptist Church of Vicksburg, Mississippi, filed suit for three thousand dollars damages against the city of Vicksburg and the Mississippi Lumber Company. The declaration, omitting the formal parts, is as follows: “The said King David Baptist Church ... in the year…
1Opinion of the CourtCook, J.
In regard to the liability of the Mississippi Lumber Company the rule announced by this court in City of Vicksburg v. Holmes, 63 So. 454, 51 L. R. A. (N. S.) 469, seems to apply. In that case we cited, with approval, Thornton v. Daw, 60 Wash. 622, 111 Pac. 899, 32 L. R. A. (N. S.) 968.
*522In Winterbottom v. Wright, 10 Mees. & W. 115, it is. said:
“If we were to bold that the plaintiff could sue in such a case, there is no point at which actions would stop. The safe rule is to confine the right to recover to those who enter into the contract. If we go one step beyond that, why should we not go…
2Cases cited4 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
- Thornton v. DowWashington Supreme Court · 1910
- Mayor of Vicksburg v. HolmesMississippi Supreme Court · 1913
3Cited by2 opinions
- Perry v. Standard Oil Co.District Court, S.D. Mississippi · 1936
- Bradley v. City of JacksonMississippi Supreme Court · 1928