Mackey v. City of Vicksburg

Citations

• 64 Miss. 777

Syllabus

<p>•1. Municipal Corporation. Negligent use of private properly. Liability for injury to child.</p> <p>A municipal corporation is liable for an injury to an infant of six years resulting from its negligence in improperly excavating and removing dirt from private property under its control.</p> <p>2. Same. Infant. Liability for injury to. Case in judgment.</p> <p>When a municipal corporation makes excavations on its private property, or property under its control, in such manner as is reasonably calculated to entice a child of six years from its inclosure at home, and to pursue a pathway leading to a dangerous excavation, and to enable it to take such course, it is the duty of such corporation to guard against such contingency by obstructing the pathway, and if it fail so to do it is liable to the child for any injury resulting from such negligence.</p> <p>3. Same. Infant. Contributory negligence.</p> <p>It cannot be inferred as a matter of law from any given conduct of an infant of six years that such infant has been guilty of contributory negligence, but if presented by plea the question may be submitted to the jury whether by reason of precocity negligence may be imputed to the infant.</p> <p>4. Same. Action against by infant. Negligence a question of fact. Infant a trespasser.</p> <p>In an action by an infant to recover damages for an injury alleged to have resulted from his falling into an excavation made by a municipal corporation in such manner as to enable the plaintiff to escape from the inclosure of his home, and to invite him to the precipice whence he fell, it is a question of fact for a jury whether the corporation, by the exercise of reasonable forethought, should have anticipated and avoided the danger to the plaintiff, and if negligent in that respect the corporation is not relieved from responsibility by the fact that the plaintiff was a trespasser when the injury occurred.</p>