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Bond v. City of Long Beach8/16/2005
109 Miss. 700, 69 So. 182, 183 (1915), our Supreme Court held that a three-inch depression in a sidewalk does not in and of itself render a city liable for injuries sued for. The Crook court ruled that to hold otherwise "would be equivalent to holding that sidewalks in the residence portion of our cities must not deviate three inches from a perfectly smooth surface . . . the practical result rendering municipalities insurers of the safety of pedestrians." Crook, 109 Miss. 700, 69 So.2d at 184. Just as the plaintiff in the Crook decision, Bond was in a hurry while walking down a city sidewalk. She tripped on an irregularity in the pavement of approximately one inch, if the area in which she asserts she fell is indeed the correct spot. While the height of the raised surface alone is not dispositive of this controversy, we simply cannot say, based upon the facts sub judice, that the trial judged committed any error in ruling in favor of the City of Long Beach and therefore must affirm this assignment of error.
II. Whether The Variation In The Elevation Of The Sidewalk Was A Dangerous Condition That The City Should Have Reasonably Anticipated Would Cause Injury At A Crowded Parade In The Evening
. Bond's next assignment of error asserts that the elevation of the sidewalk created a dangerous condition which the City should have anticipated would have caused an injury at a crowded parade in the evening. We find this assignment of error equally unavailing. As we have previously noted, the trial court found that the sidewalk in question was simply not unreasonably dangerous despite its elevation. We cannot say that the trial court's decision was manifestly wrong or erroneous. We affirm this assignment of error.
. THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY IS AFFIRMED. ALL COST OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, GRIFFIS AND BARNES, JJ., CONCUR.
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