New Orleans City & Lake Railroad v. Watkins
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Théard, J. Statement of the Case. On the 5th of March, 1895, the Common Council of the city of New Orleans adopted Ordinance No. 10,392, Council Series, by which “it granted to W. H. Watkins and his associates, successors or assigns, the right to construct, maintaiu and operate a single or double track railroad upon the routes and lines therein described and to use steam locomotives or other appropriate motive…
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APPEAL from the Civil District Court for the Parish of Orleans. Théard, J. Statement of the Case. On the 5th of March, 1895, the Common Council of the city of New Orleans adopted Ordinance No. 10,392, Council Series, by which “it granted to W. H. Watkins and his associates, successors or assigns, the right to construct, maintaiu and operate a single or double track railroad upon the routes and lines therein described and to use steam locomotives or other appropriate motive power; Provided, that within sixty days from the promulgation of the ordinance the said W. EL Watkins and his associates…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The conclusions we have reached in this case make unnecessary any examination of the question whether plaintiff, would be entitled to damages for the crossing of its tracks (laid upon the streets of the city of New Orleans), by another road, when such crossing was made under authority of the city authorities so to do, and if so, what the character of such damages would be, and whether plaintiff, if entitled to such damages, would be entitled to enjoin the second road from making the crossing until it should have previously made…
2Cases cited1 opinion
- People ex rel. San Francisco & San Joaquin Railway Co. v. CraycroftCalifornia Supreme Court · 1896
3Cited by4 opinions
- Capdevielle v. New Orleans & S. F. R.Supreme Court of Louisiana · 1903
- State ex rel. Morgan's Louisiana & Texas Railroad & Steamship v. EllisSupreme Court of Louisiana · 1900
- Gill v. City of Lake CharlesSupreme Court of Louisiana · 1909
- Capdevielle v. New Orleans & S. F. R.Supreme Court of Louisiana · 1903