Thompson v. City of Winona
Mississippi Supreme Court
Ebom tbe circuit court of Montgomery county. Hon. Tames Stone, Special Judge. Thompson, appellant, was plaintiff in the court below; the ■city of Winona, a municipality operating under the Code of’ 1906, chapter entitled “Municipalities,” appellee, was defendant there. Erom a judgment sustaining the demurrer of the city to the declaration and dismissing the suit the plaintiff appealed to the supreme court.
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Ebom tbe circuit court of Montgomery county. Hon. Tames Stone, Special Judge. Thompson, appellant, was plaintiff in the court below; the ■city of Winona, a municipality operating under the Code of’ 1906, chapter entitled “Municipalities,” appellee, was defendant there. Erom a judgment sustaining the demurrer of the city to the declaration and dismissing the suit the plaintiff appealed to the supreme court. The declaration charges that the plaintiff, Thompson, is the owner of designated real estate situated on ITay’s Creek without the corporate limits of the city of Winona; that the Winona…
1Opinion of the Court
Mates, I.,
delivered the opinion of the court.
The declaration states a perfect cause of action against the •city, and the demurrer was improperly sustained. (It made no difference to whom the sewerage system belonged. The thing •causing the damage complained of was the act of the city in «ompelling its citizens to connect with same, thereby causing the *596filth of tbe city to be poured upon the plaintiff’s property to bis great damage. It may be true that there is a joint liability, but that question is not now in this ease; nor should it have had any influence in determining whether or not the…
2Cases cited1 opinion
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
3Cited by12 opinions
- City of Norwood v. SheenOhio Supreme Court · 1933
- Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
- Maben v. OlsonSupreme Court of Iowa · 1919
- Thompson v. City of PhiladelphiaMississippi Supreme Court · 1937
- City of West Point v. MeadowsMississippi Supreme Court · 1959
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