Caldwell v. George

Mississippi Supreme Court
Caldwell v. George, 96 Miss. 484 (Miss. 1910)
50 So. 631
Shith

Caldwell v. George

Opinion of the Court

Shith, T.,

delivered the opinion of the court.

The streets of a municipality, including the sidewalks, “from side to side and from end to end,” are for the use of the public, and, in the absence of legislative authority, a board of aldermen, or city council, have no power to permit a permanent obstruction thereof. The permission, therefore, given appellee by the board of aldermen to extend his warehouse over the sidewalk in question, was void, and afforded him no protection. It being shown that appellants suffer thereby damage peculiar to them■selves, different from that sustained by the general public, the injunction ought to have been granted as prayed for.

The decree of the court below is reversed, and decree here reinstating the injunction and making same perpetual; costs here and in court below to be paid by appellee.

Reversed.

Reference

Full Case Name
James H. Caldwell v. Alfred H. George
Cited By
2 cases
Status
Published
Syllabus
Municipalities. Streets. Sidewalks. Obstructions. Permits by municipality to maintain. Abutting owners. Injunctions. Streets and sidewalks are for the use of the public throughout their full length and width, therefore:— (a) A city, in the absence of legislative authority, cannot permit a permanent obstruction of a sidewalk; and .(b) The owners of land adjacent to such an obstruction who suffer special and peculiar damage, different from that suffered by the general public, may enjoin its maintenance, although the municipality has undertaken to permit it.