Mackey v. City of Vicksburg
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. The case is stated in the opinion of the court. It is not necessary, in order to charge the city with responsibility, that its negligence should be the efficient or acting cause of the injury; if the injury would not have occurred but for such negligence that is enough.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. The case is stated in the opinion of the court. It is not necessary, in order to charge the city with responsibility, that its negligence should be the efficient or acting cause of the injury; if the injury would not have occurred but for such negligence that is enough. In grading the hill the defendant carelessly, negligently, and recklessly deposited the earth on the adjoining lot of Mackey, by which alone his child was enabled to escape, and was invited to escape, from the inclosure where it was absolutely safe, and…
1Opinion of the CourtCoopeR, C. J.
This is an action brought by an infant of six years to recover from the city of Vicksburg damages for an injury received by him in falling over the precipitous side of a hill near his residence in said city. The declaration states that the city, for the purpose of procuring earth, with which it was then making necessary repairs *781on its streets, “ did carelessly and unskillfully dig down, grade, excavate, and remove portions of a certain hill or elevation of land in said city known as Sky Parlor Hill, contiguous to the plaintiff’s residence, and so threw the dirt, earth, and rubbish from said…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
3Cited by24 opinions
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Wolczek v. Public Service Co.Illinois Supreme Court · 1930
- Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
- Capp v. City of St. LouisSupreme Court of Missouri · 1913
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
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