City of Greenville v. Middleton

Citations

• 124 Miss. 310
• 86 So. 804

Syllabus

<p>1. Municipal Corporations. Constructive notice of defect in street attributable to city question of fact.</p> <p>AVhether constructive notice of a defect in a street shall be attributed to municipal authorities is ordinarily a question for the jury to determine from the length of time the defect has existed, the nature or character thereof, the publicity of the place where it exists, the amount of travel over the street, and any other facts or circumstances in evidence which tend to show notoriety, and from which they may conclude that by the exercise of ordinary and reasonable care and diligence the defect should have been discovered by the corporate authorities.</p> <p>2. Damages. $5,000 held not excessive for injury to lifelong cripple.</p> <p>Evidence examined, and $5,000 adjudged not to be excessive recovery.</p>