Pomes v. McComb City
Mississippi Supreme Court
Appeal from the circuit court of Pike county. Hon. D. M. Millee, Judge. Suit by Mrs. M. J. Pomes against McComb City. Prom, a judgment for defendant, plaintiff appeals. The grounds for demurrer mentioned in the opinion are as follows: (1) The declaration in its entirety fails, to state a cause of action against the defendant. (2) A municipality is not required to keep its streets in perfectly safe condition.
Read the full summary
Appeal from the circuit court of Pike county. Hon. D. M. Millee, Judge. Suit by Mrs. M. J. Pomes against McComb City. Prom, a judgment for defendant, plaintiff appeals. The grounds for demurrer mentioned in the opinion are as follows: (1) The declaration in its entirety fails, to state a cause of action against the defendant. (2) A municipality is not required to keep its streets in perfectly safe condition. (3) It is not negligent under the law fqr city authorities to knowingly permit a brick or stone protruding some two or three inches above the ground to remain in an unpaved street. (4)…
1Opinion of the CourtCook, J.
The declaration in this case, omitting the formal parts, is in these words, viz.:
“Mrs. M. J. Pomes, a resident citizen of Pike county, Mississippi, plaintiff, sues the city of McComb, a municipal corporation existing under and by virtue of the laws of the State of Mississippi, defendant, and for cause of action would show unto the court the following statements of facts, to wit: That whereas, on, heretofore, to wit, at 4 p. m. on Friday, January 26, 1917, while returning home from down town, and while crossing the regular crossing on Third street going w’est from D. C. Lenoir’s on Louisiana…
2Cases cited1 opinion
- City of Meridian v. CrookMississippi Supreme Court · 1915
3Cited by5 opinions
- City of Greenville v. LauryMississippi Supreme Court · 1935
- City of Biloxi v. SchambachMississippi Supreme Court · 1963
- Ming v. City of JacksonMississippi Supreme Court · 1947
- Quinn v. StedmanSupreme Court of Rhode Island · 1929
- CITY OF MERIDIAN, MISS. v. RaleyMississippi Supreme Court · 1960