Ruch v. City of New Orleans
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. VoorhieSj J. 1. The city may be, as well as an individual, front proprietor. Mayor vs. XT. S., 10 Peters 717: Mmi. No. 2 vs. Orleans Cotton Press, 18 La. 122. 2. The city, in the present instance, owns all the land in front of plaintiffs fence.
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APPEAL from the Civil District Court for the Parish of Orleans. VoorhieSj J. 1. The city may be, as well as an individual, front proprietor. Mayor vs. XT. S., 10 Peters 717: Mmi. No. 2 vs. Orleans Cotton Press, 18 La. 122. 2. The city, in the present instance, owns all the land in front of plaintiffs fence. Ferriero vs. City, 85 An. 211; City of New Orleans, praying, etc., 20 An. 891. 3. Kven under the rule as to rural servitudes, the owner of the river bank alone owes the servitude of a levee and public road, and is entitled to accretions. Morgan vs. Livingston, 6 Mart. 19, 222, 286; C. C.…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
The object of this action is to restrain the city from appropriating a portion of his property, which fronts on Peters street in said city, for the purpose of enlarging the street or public roadway, if same be needed for such purposes, without making previous adequate compensation therefor, in pursuance of the expropriation laws of this State.
*277Plaintiff’s averment is, that his lot measures 285 feet and 9 inches on the public road, or Peters street, and has a depth of 1030 feet; and that the city authorities propose to take therefrom, for the…
2Cases cited2 opinions
- Municipality No. 2 v. Orleans Cotton PressSupreme Court of Louisiana · 1841
- Cire v. RightorSupreme Court of Louisiana · 1837
3Cited by19 opinions
- Eldridge v. TrezevantSupreme Court of the United States · 1896
- Dickson v. Board of Com'rsSupreme Court of Louisiana · 1946
- Delaune v. Board of CommissionersSupreme Court of Louisiana · 1956
- DeSambourg v. BOARD OF COM'RSSupreme Court of Louisiana · 1993
- Hebert v. T. L. James & Co.Supreme Court of Louisiana · 1953
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