City of Pass Christian v. Fernandez ex rel. Fernandez

Citations

• 100 Miss. 76
• 56 So. 329

Syllabus

<p>1. Contributory Negligence. Children. Municipal corporations. Governmental duties. Private or corporate duty.-</p> <p>A child of four years of age is incapable of contributory negligence.</p> <p>2. Municipal Corporations. Governmental duties. Private duties. Damages.</p> <p>Damages occasioned by a city in the exercise of a purely governmental duty does not render the city liable, but the use of a cart in hauling dirt or trash for the city is for no governmental purpose, and is not connected in any way with the sovereign duty of the state. In such ease the city, is engaged in its private or corporate duty and is liable for negligence.</p> <p>3. Same.</p> <p>The state owes the duty to all its-citizens of protecting the person from assault and their ^property from destruction, and all acts done by the city in furtherance of this duty of the state is done in a governmental capacity..</p>