Dunbar-Du-Kate Co. v. Harper

Mississippi Supreme Court

Dunbar-Du-Kate Co. v. Harper

106 So. 5, 140 Miss. 439, 1925 Miss. LEXIS 277

CourtMississippi Supreme Court

DecidedNovember 23, 1925

DocketNo. 25183.

StatusPublished

This text of 106 So. 5 (Dunbar-Du-Kate Co. v. Harper) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunbar-Du-Kate Co. v. Harper, 106 So. 5, 140 Miss. 439, 1925 Miss. LEXIS 277 (Mich. 1925).

Pincite

Opinion

*442 Smith, C. J.,

delivered the opinion of the court.

The responsibility for the appellee’s injury must be referred to his own negligence in attempting to turn his wagon around on a bridge, the space therefor being so limited as to render it practically impossible for him to do so with safety.

Conceding that the appellant was charged with the duty of maintaining a suitable railing along the side of the bridge, it was not required to maintain such a railing as would withstand the extraordinary strain placed on it by the appellee’s negligence. The peremptory instruction requested by the appellant should have been granted.

Reversed, and judgment here for appellant.

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*442 Smith, C. J.,

delivered the opinion of the court.

The responsibility for the appellee’s injury must be referred to his own negligence in attempting to turn his wagon around on a bridge, the space therefor being so limited as to render it practically impossible for him to do so with safety.

Conceding that the appellant was charged with the duty of maintaining a suitable railing along the side of the bridge, it was not required to maintain such a railing as would withstand the extraordinary strain placed on it by the appellee’s negligence. The peremptory instruction requested by the appellant should have been granted.

Reversed, and judgment here for appellant.

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Bluebook (online)

106 So. 5, 140 Miss. 439, 1925 Miss. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunbar-du-kate-co-v-harper-miss-1925.