City of Vicksburg v. McLain
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Ralph North, Judge. The allegations of the declaration in this case are set forth in the opinion of the court. The truth of these averments were substantially established by the evidence at the trial.
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From the circuit court of Warren county. Hon. Ralph North, Judge. The allegations of the declaration in this case are set forth in the opinion of the court. The truth of these averments were substantially established by the evidence at the trial. It was shown that a large number of small boys attended the Walnut street public school, which was just north of the embankment or bluff left by the city in grading South Madison street in 1886, as stated in the opinion; that by reason of caving and other causes this bluff had become dangerous as was well known, and that the city authorities…
1Opinion of the CourtWoods, C. J.
This action was instituted by McLain, the appellee, for the recovery of damages resulting from the death of his minor child, which death, as is alleged in the declaration, occurred under these circumstances : appellant, from time to time, had been engaged in opening and grading South Madison street, in the city of Vicksburg, immediately south of and adjoining the Walnut street public school; in the prosecution of that work, appellant had dug and cut through a hill, known as Castle Hill, and instead of cutting said hill sloping, as might have been easily done, appellant cut straight through,…
2Cases cited1 opinion
- Westbrook v. Mobile & Ohio RailroadMississippi Supreme Court · 1889
3Cited by24 opinions
- Belk v. RosamondMississippi Supreme Court · 1952
- Skelton v. Twin County Rural Elec. Ass'nMississippi Supreme Court · 1992
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- Gordon v. LeeMississippi Supreme Court · 1949
- Yazoo & Mississippi Valley Railroad v. WilliamsMississippi Supreme Court · 1905
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