City of Jackson v. Muckenfuss

Citations

• 101 Miss. 555
• 58 So. 533

Syllabus

<p>1. Municipal Corporations. Public improvements. Change of grade. Damages. Waiver.</p> <p>■Where a property owner is required by a resolution of a municipality to construct a sidewalk in front of her property on a certain grade within twenty days, or show cause for her failure to do so, she did not by constructing such side walk waive her right to claim damages for being forced thereby to raise her lot and houses to conform to such grade and the fact that she waited for more then twenty days to construct such sidewalk makes no difference.</p> <p>2. Appeal and Error. Matters reviewable.</p> <p>Where in a suit for damages against a city, caused by a change of grade, the city secured the submission of the issue to the jury as to whether or not, plaintiff negligently constructed her house below an established grade, it could not complain on appeal that the jury found against it on this issue.</p>