Chidsey v. City of Pascagoula

Citations

• 102 Miss. 709
• 59 So. 879

Syllabus

<p>1. Munioipai, Corporation. Change of grade. Surface •waters. Damages.</p> <p>Where a suit against a city for damages for obstructing the natural drainage oí surface water was not brought under section 17, Constitution 1890, providing for compensation to the owners of property taken or damaged for public use, but plaintiff’s declaration only charges that the injury to his property was caused by the negligent change and construction of a sidewalk and street grade by the city, the only issue presented to the trial court was whether or not the city was negligent and where the evidence did not show that the city was negligent in changing and constructing such grade, the plaintiff was not entitled to recover, as the changing of a street grade is not per se negligence.</p> <p>2. Same.</p> <p>A municipality has the undeniable right to change its street grade and to alter the original plans and specifications, and in so doing it is not negligent per se.</p>