McComb City v. Hayman

Citations

• 124 Miss. 525
• 87 So. 11

Syllabus

<p>1. Municipal Coepobations. Must use ordinary care to Iceep streets in reasonable safe condition.</p> <p>It is the duty of a municipality to use ordinary care to keep its streets in a reasonably safe condition for persons using ordinary care and prudence.</p> <p>2. Municipal Coepoeations. Liability for injury to child by defective street same as in case of adult.</p> <p>The liability of a municipality for an injury to a child caused by a defect in its streets is the same as in the case of an adult injured by such defect while in the exercise of due care.</p> <p>3. Municipal Coepoeations. Under no■ duty to guard gully near street when not in dangerous proximity thereto.</p> <p>A municipality is not required to keep the entire width of its streets open and safe for travel, provided the portion thereof set apart for travel is wide enough to be safe, and it is charged with no duty to fill up or guard a gully that may be near a street unless in such close proximity thereto as to be dangerous to a traveler passing along the street and using ordinary care.</p> <p>4. Negligence. Attractive nuisance artificially created.</p> <p>In order foi a thing dangerous to children to come within the attractive nuisance doctrine, it must have been artifieally created.</p>