City of Natchez v. Cranfield, 28178

CourtMississippi Supreme Court
Writing for the CourtGriffith, J.
Citation124 So. 656,155 Miss. 540
Decision Date25 November 1929
Docket Number28178
PartiesCITY OF NATCHEZ v. CRANFIELD

124 So. 656

155 Miss. 540

CITY OF NATCHEZ
v.
CRANFIELD

No. 28178

Supreme Court of Mississippi

November 25, 1929


Division B

Suggestion of Error Overruled Jan. 6, 1930.

APPEAL from circuit court of Adams county, HON. R. L. CORBAN, Judge.

Suit by Mrs. B. G. Cranfield against the city of Natchez. Judgment for plaintiff, and defendant appeals. Reversed and remanded. [155 Miss. 541]

Reversed and remanded.

W. C. Martin and S. B. Laub, both of Natchez, for appellant.

A traveler has not the right to assume, where adequate provision has been made for travel by pedestrians and by vehicles, and between those ways the remaining surface has been left for grass or tree plots, that those plots are reasonably safe for travel.

Norfolk v. Travis (1927), 149 Va. 523, 56 A.L.R. 214, 140 S.E. 641; Gulfport & Mississippi Coast Traction Co. v. Manuel, 123 Miss. 266, 85 So. 309; McComb v. Hayman, 87 So. 11, 124 Miss. 526.

Ordinary care over streets is the measure of duty required of municipalities.

McComb City v. Hayman, 87 So. 11, 124 Miss. 526; Gulf & Mississippi Traction Co. v. Manuel, 85 So. 309, 123 Miss. 266.

Kennedy & Geisenberger, of Natchez, for appellee.

"Sidewalk space" is defined in 36 Cyc. 440, to be "the space from the lot to the curb" and it was within this area that the plaintiff was injured.

Park strips between the sidewalk and the curbing of a street are generally deemed to be as much a part of the street as any other ground within its limits, and the municipality is therefore bound to keep them in a reasonably safe condition for travelers.

13 R. C. L., p. 383, sec. 312.

Where a city had both actual and constructive notice of the condition of the park strip and a wooden covering loosely laid across the top of the excavation had been there for a period of two years it was negligent.

Norfolk v. Travis, 56 A.L.R. 220; Knight v. LaGrande (Ore.), 271 P. 41; 61 A.L.R. 259; Butler v. McMinnville (Ore.), 268 P. 760; 59 A.L.R. 381.

A pedestrian may cross a street at other points than regular crossings.

13 R. C. L. 468, sec. 381; Brickwood Sackett Instructions, Vol. 2, page 1079, sec. 1644; Denver v. Stein, 25 Colo. 125, 53 P. 283; Natchez v. Lewis, 90 Miss. 310, 43 So. 47; Saxon v. Houlka, 107 Miss. 161, 65 So. 124; Vicksburg v. Harrison, 136 Miss. 872, 101 So. 713, 39 A.L.R. 777.

OPINION

[155 Miss. 542] Griffith, J.

Madison street in the city of Natchez is paved in the center, and on the south side of said paved area there is, first, a neutral strip about thirty-six inches wide, and next to this and extending to the property line is a concrete sidewalk five feet wide. Immediately adjacent to the pavement and in the neutral strip aforesaid there is, at the point where the injury in this case occurred, a catch-basin which was covered with a wooden cover made of 1x12 planks nailed on two crosspieces, 2x4. The top of the catch-basin is about three feet wide by four feet long.

On the morning of the injury, appellee, while attempting to cross from the sidewalk on the said south side of said street to the opposite side of the pavement, where her automobile was parked, stepped on said cover and in some way fell into said catch-basin and was hurt. Suit was filed against the city to recover for the injury; judgment was rendered sustaining the action, and the city appeals.

The manner in which the injury occurred, as laid in the declaration, is specifically that, when appellee stepped on the said catch-basin cover, it "tilted, turned and bent with the weight of the plaintiff, throwing her down into said excavation and violently against the walls thereof;" and the specific charge of negligence alleged against the city was that the said cover was "carelessly and negligently [155 Miss. 543] laid loosely across said excavation without being in any manner secured or attached to the ground."

We quote the entire of the testimony of appellee on the precise point as to how the injury occurred:

"Q. Tell the jury how you received these injuries. A. I stepped on a board across this hole and the end of the board went down and this limb went down in the hole and I caught on my arm. Q. How was this hole covered? A. It has a board across it. Q. Was the board fastened to the ground? A. No sir, it was not fastened when I stepped on it. It turned like that, and this limb went in. Q. What was the size and depth of the hole? A. About like that (showing) and a board like that, and went sideways. Q. This board you stepped on there, that was two or three planks nailed together to make a covering over this hole? A. I don't know about that, but when I stepped on it, it turned over. Q. How large was this wooden covering? A. It seemed to me about that wide (showing about two by three feet). Q. This plank was over the hole? A. Yes, sir, it...

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8 practice notes
  • Public Service Corporation v. Watts, 30695
    • United States
    • United States State Supreme Court of Mississippi
    • October 16, 1933
    ...et al. v. Manuel et al., 123 Miss. 266, 85 So. 308; McComb City v. Hayman et al., 124 Miss. 525, 87 So. 11; City of Natchez v. Granfield, 124 So. 656; Macedon v. City of Corinth, 155 Miss. 588, 124 So. 795; Ill. Cent. Railroad Co. v. Bloodworth et al., 145 So. 332. Currie & Currie, of Hatti......
  • Warren v. City of Tupelo, 34029
    • United States
    • United States State Supreme Court of Mississippi
    • March 4, 1940
    ...452; City of Meridian v. Crook, 109 Miss. 700, 69 So. 182; McComb City v. Hayman, 124 Miss. 525, 87 So. 11; City of Natchez v. Cranfield, 155 Miss. 540, 124 So. 656; City of Greenville v. Laury, 172 Miss. 118, 159 So. 121. The rule is well established that the facts and circumstances of eac......
  • Gettys v. Town Of Marion, No. 168.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • October 9, 1940
    ...not apply in actions against municipalities by reason of injuries to persons using its public streets. City of Natchez v. Cran-field, 155 Miss. 540, 124 So! 656. The rules governing the liability of municipalities for personal injuries as herein stated have been applied by this and other co......
  • Dow v. Town of D'lo, 30941
    • United States
    • Mississippi Supreme Court
    • January 22, 1934
    ...condition for persons using ordinary care and prudence. McComb v. Hayman, 124 Miss. 525, 535, 87 So. 11; City of Natchez v. Cranfield, 155 Miss. 540, 124 So. 656. There is no assertion in the evidence that the town authorities had actual knowledge of the hole in the sidewalk, but the case i......
  • Request a trial to view additional results
8 cases
  • Public Service Corporation v. Watts, 30695
    • United States
    • United States State Supreme Court of Mississippi
    • October 16, 1933
    ...et al. v. Manuel et al., 123 Miss. 266, 85 So. 308; McComb City v. Hayman et al., 124 Miss. 525, 87 So. 11; City of Natchez v. Granfield, 124 So. 656; Macedon v. City of Corinth, 155 Miss. 588, 124 So. 795; Ill. Cent. Railroad Co. v. Bloodworth et al., 145 So. 332. Currie & Currie, of Hatti......
  • Warren v. City of Tupelo, 34029
    • United States
    • United States State Supreme Court of Mississippi
    • March 4, 1940
    ...452; City of Meridian v. Crook, 109 Miss. 700, 69 So. 182; McComb City v. Hayman, 124 Miss. 525, 87 So. 11; City of Natchez v. Cranfield, 155 Miss. 540, 124 So. 656; City of Greenville v. Laury, 172 Miss. 118, 159 So. 121. The rule is well established that the facts and circumstances of eac......
  • Gettys v. Town Of Marion, No. 168.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • October 9, 1940
    ...not apply in actions against municipalities by reason of injuries to persons using its public streets. City of Natchez v. Cran-field, 155 Miss. 540, 124 So! 656. The rules governing the liability of municipalities for personal injuries as herein stated have been applied by this and other co......
  • Dow v. Town of D'lo, 30941
    • United States
    • Mississippi Supreme Court
    • January 22, 1934
    ...condition for persons using ordinary care and prudence. McComb v. Hayman, 124 Miss. 525, 535, 87 So. 11; City of Natchez v. Cranfield, 155 Miss. 540, 124 So. 656. There is no assertion in the evidence that the town authorities had actual knowledge of the hole in the sidewalk, but the case i......
  • Request a trial to view additional results

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