Whitfield v. City of Meridian
Mississippi Supreme Court
From the circuit court- of Lauderdale county. Hon. S. H. Terral, Judge. Appellant sued the city of Meridian for damages on account of' an injury received by her in consequence of a defect in the sidewalk of one of the public streets in the city. The declaration contains two counts. In one it was alleged that the city carelessly and negligently graded the streets known as 13th street and 24th avenue, so as to make the place where the injury occurred dangerous.
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From the circuit court- of Lauderdale county. Hon. S. H. Terral, Judge. Appellant sued the city of Meridian for damages on account of' an injury received by her in consequence of a defect in the sidewalk of one of the public streets in the city. The declaration contains two counts. In one it was alleged that the city carelessly and negligently graded the streets known as 13th street and 24th avenue, so as to make the place where the injury occurred dangerous. The other count alleged that said streets, at the point of intersection, were in an unsafe and dangerous condition, and that the city…
1Opinion of the CourtCooper, J.
We do not dissent from the proposition advanced by counsel for ¡appellee, that a want of funds and an absence of power to raise *575money by taxation or otherwise, or to enforce contributions of labor from the residents of the town to repair its streets, would free it from responsibility for injuries sustained by reason of defective streets or sidewalks. The liability of a town for injuries caused by defective ways springs from its negligence in the performance of corporate duties, and that cannot be said to be a duty which the municipality has no power or agency to perform. But the proof…
2Cited by8 opinions
- City of Jackson v. LocklarMississippi Supreme Court · 1983
- Byrnes v. City of JacksonMississippi Supreme Court · 1925
- Warren v. Town of BoonevilleMississippi Supreme Court · 1928
- City of Vicksburg v. PorterfieldMississippi Supreme Court · 1933
- City of Albany v. BlackSupreme Court of Alabama · 1926
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