79 Miss. 447 | Miss. | 1901
delivered the opinion of the court on the second appeal.
Without detailed analysis of the instructions, we feel constrained to say that, on the evidence in this case, the verdict should have been for the defendant. The basis of appellee’s claim was that the planks had been put there as and for a passageway for pedestrians. There is no proof to support this allegation. It is clearly shown that barricades were put across the street to warn the public of the danger of crossing, and that these planks were put across for the convenience of the city employees in hauling rocks across the ditch. It would seem that the school children — one of whom says it was very dangerous to cross — went in between the barricades and the ditch, and thus across on, the planks. If one chose, in spite of
Reversed and remanded.