Legal Opinion

Tool House, Inc. v. Tynes

Louisiana Court of Appeal

Decided June 20, 1990No. 21599-CAPublishedCited by 5 opinions

1Opinion of the Court

MARVIN, Judge.

In this action for water damage that allegedly arose out of the obstruction of a natural drainage servitude by defendants, defendants appeal a $5,700 judgment in favor of plaintiff.

Defendants challenge the correctness of the trial court’s factual findings that the servitude existed and that defendants obstructed it and caused the plaintiffs property to flood.

Finding no error in either respect, we affirm.1

LAW

The properties occupied by plaintiff and defendants are contiguous. The plaintiff, Tool House, Inc., having no written servitude agreement, claims a natural rather than a…

2Cases cited3 opinions

  1. JB LaHaye Farms, Inc. v. La. Dept. of HighwaysLouisiana Court of Appeal · 1979
  2. Wappler v. BrauchtLouisiana Court of Appeal · 1968
  3. Freestate Industrial Development Co. v. T. & H., INC.Louisiana Court of Appeal · 1968

3Cited by5 opinions

  1. Board of Commissioners v. Tennessee Gas Pipeline Co.District Court, E.D. Louisiana · 2015
  2. Jackson v. JacksonLouisiana Court of Appeal · 2002
  3. Fiebelkorn v. AlfordLouisiana Court of Appeal · 2012
  4. Bransford v. International Paper Timberlands Operating Co.Louisiana Court of Appeal · 2000
  5. Tool House, Inc. v. TynesSupreme Court of Louisiana · 1990

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