Town of Union v. Heflin

Citations

• 104 Miss. 669
• 61 So. 652

Syllabus

<p>Municipal Corporations. Injuries on streets. Pres^lmptions of negligence. Sufficiency of evidence.</p> <p>In a suit against a municipal corporation for damages caused plaintiff by catching her toe in a burst plank in a sidewalk where the evidence showed that the sidewalk was reasonably safe and that the “busted” plank which caused plaintiff’s injury, was broken sometime between Sunday afternoon and Monday forenoon, the day of the accident, and that the mayor and marshal went over the sidewalk the day before and remedied all discoverable defects, and there were no such patent defects as could reasonably put the authorities on notice, that the sidewalk would probably endanger the safety of pedestrians. In such case plaintiff was not entitled to recover.</p>