Legal Opinion

McCutchen v. Texas & P. Ry. Co.

Supreme Court of Louisiana

Decided January 7, 1907No. 16,189PublishedCited by 36 opinions

Appeal from First Judicial District Court, Parish of Caddo; Thomas Fletcher Bell, Judge. Action by S. B. MeCutehen against the Texas & Pacific Railway Company. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

Statement of the Case.

MONROE, J.

Plaintiff sues to recover a strip of land in Shreveport said to contain 00/ioo of an acre, of which defendant is in *437possession, or, in the alternative, to recover its value. Defendant pleads “no right of action,” the prescription of one, two, and ten years, and estoppel: The facts disclosed by the record are as follows, to wit:

In 1880, or 1881, the New Orleans Pacific Railroad. Company, which was, in June of that year, consolidated with defendant, apparently without expropriation or purchase, entered upon the strip of land here claimed, erected an embankment,…

2Cases cited9 opinions

  1. St. Julien v. Morgan Louisiana & Texas RailroadSupreme Court of Louisiana · 1883
  2. Mitchell v. New Orleans & Northeastern RailroadSupreme Court of Louisiana · 1889
  3. St. Julien v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1887
  4. Bourdier v. Morgan's Louisiana & Texas RailroadSupreme Court of Louisiana · 1883
  5. Lawrence v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Eagle Pipe and Supply, Inc. v. Amerada Hess CorporationSupreme Court of Louisiana · 2011
  2. Prados v. South Central Bell Telephone CompanySupreme Court of Louisiana · 1976
  3. Taylor v. New Orleans Terminal Co.Supreme Court of Louisiana · 1910
  4. Gumbel v. New Orleans Terminal Co.Supreme Court of Louisiana · 1937
  5. Gumbel v. New Orleans Terminal Co.Supreme Court of Louisiana · 1941

31 more not listed; retrieve them via the Exa API.

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