City of Gulfport v. Shepperd

Citations

• 116 Miss. 439
• 77 So. 193

Syllabus

<p>1. Municipal Corporations. Police powers. Sanitation.</p> <p>A city under its police powers as a part of its governmental duties has the right to adopt ordinances relating to the cleaning of cesspools, the removing of garbage, etc. , It also has the right as one of its governmental functions to adopt an ordinance requiring that this work be done exclusively by any party designated to do it by the city.</p> <p>2. Municipal Corporations. Police powers. Sanitation. Governmental functions.</p> <p>The adoption- of ordinances regulating the cleaning of cesspools and removing garbage, and requiring it to be done only by a sanitary contractor chosen by the city, are “governmental functions” and the city is not liable in damages for injuries caused by the negligent performance of such work.</p> <p>3. Municipal Corporations. Injuries to persons. Sanitation. Pteg- ■ ligence of employee.</p> <p>Where a sanitary contractor was designated by the city but whose work was on behalf of property-owners and paid for by them he was not an employee of the city but an independent contractor and it was not liable for injuries to pedestrians caused by the negligence of his employee in replacing the cover of a cesspool which he-had cleaned out.</p>