Stainback v. City of Meridian
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hn. Guión Q. Hall, Judge. Ida Stainback, a schoolgirl, the appellant on the first appeal and the appellee on the second one, was the plaintiff in the court below; the city of Meridian was defendant there.
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From the circuit court of Lauderdale county. Hn. Guión Q. Hall, Judge. Ida Stainback, a schoolgirl, the appellant on the first appeal and the appellee on the second one, was the plaintiff in the court below; the city of Meridian was defendant there. The declaration alleges that for some years before March 7, 1898, the streets and avenues, where the accident is alleged to have happened, were streets and avenues in the city of Meridian, and that it was the duty of the defendant, as a municipal corporation, to keep and maintain the streets and sidewalks in a proper and safe condition for use of…
1Opinion of the CourtWhitfield, C. J.
Without detailed analysis of the instructions, we feel constrained to say that, on the evidence in this case, the verdict should have been for the defendant. The basis of appellee’s claim was that the planks had been put there as and for a passageway for pedestrians. There is no proof to support this allegation. It is clearly shown that barricades were put across the street to warn the public of the danger of crossing, and that these planks were put across for the convenience of the city employees in hauling rocks across the ditch. It would seem that the school children — one of whom says it…
2Cited by1 opinion
- Carver v. City of JacksonMississippi Supreme Court · 1903