City of Hazlehurst v. Shows

Citations

• 113 Miss. 263
• 74 So. 122

Syllabus

<p>Municipal Corporations. Defects in streets. Frightening horse. _ Notice of defect.</p> <p>Where in a suit against a city for the drowning of a horse which while being driven along a street over an embankment constituting the dam of a lake, shied at a boiler on the slope of the dam, and fell into the lake, there was no evidence that the city had any knowledge of the presence of the boiler or that it was within the limits of the street, but it did appear that the boiler, though left there some time before by an individual, had been so covered with weeds and rubbish as to be unnoticeable until the weeds were burned away a day or two before the accident, lu such case no liability on the part of the city was shown and a peremptory instruction for the city should have been given.</p>