City of Vicksburg v. Herman
Mississippi Supreme Court
From the circuit court of Warren county. HoN. JohN D. GillaND, Judge. The opinion states the case. Before the adoption of the constitution of 1890, which, by § 17, provides that private property shall not be taken or damaged for public use except on due compensation, it was well settled that a municipality was not liable to property holders for consequential damages to their property caused by a change in the grade of its streets, so long as it did not invade private rights…
Read the full summary
From the circuit court of Warren county. HoN. JohN D. GillaND, Judge. The opinion states the case. Before the adoption of the constitution of 1890, which, by § 17, provides that private property shall not be taken or damaged for public use except on due compensation, it was well settled that a municipality was not liable to property holders for consequential damages to their property caused by a change in the grade of its streets, so long as it did not invade private rights and the work was carefully done. Dillon on Mun. Corp., § 987. Does the insertion in the new constitution of the word ' ‘…
1Opinion of the CourtWoods, J.
This is an action brought by the appellee against appellant for the recovery of consequential damages for alleged injuries resulting to certain lots in the city of Vicksburg by reason of the grading of Belmont and Monroe streets, in that city, in the year 1893, upon which said lots abutted. To all the counts of the declaration filed, the appellant demurred, and the demurrer being overruled, the appellant then answered with the general issue. Trial was had upon this issue, resulting in a verdict and judgment thereon for §2,000 in favor of appellee; and from this judgment the present appeal is…
2Cases cited5 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Chicago & Western Indiana Railroad v. AyresIllinois Supreme Court · 1883
- Gibson v. OwensSupreme Court of Missouri · 1893
3Cited by32 opinions
- Parker v. State Highway CommissionMississippi Supreme Court · 1935
- King v. Vicksburg Railway & Light Co.Mississippi Supreme Court · 1906
- City of Greenwood v. GwinMississippi Supreme Court · 1929
- Ham v. Board of Levee CommissionersMississippi Supreme Court · 1903
- Johnson v. KingCourt of Appeals of Mississippi · 2012
27 more not listed; retrieve them via the Exa API.