Griffin v. Shreveport & Arkansas Railroad
Supreme Court of Louisiana
APPEAL from tbe First District Court, Parish of Caddo. Midis, J. 1. Tlie power of tlie Legislature or municipalities to grant railroad companies tlie riglit to lay and operate tracks in streets is subject to tlie proviso tliat tlie road be so constructed as not to exclude the public from any part of tho street. 35 Ann. 041. 2. A railway laid out over or on a highway so as to obstruct it, without express statute authority, is a nuisance. Dillon.
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APPEAL from tbe First District Court, Parish of Caddo. Midis, J. 1. Tlie power of tlie Legislature or municipalities to grant railroad companies tlie riglit to lay and operate tracks in streets is subject to tlie proviso tliat tlie road be so constructed as not to exclude the public from any part of tho street. 35 Ann. 041. 2. A railway laid out over or on a highway so as to obstruct it, without express statute authority, is a nuisance. Dillon. Sec. 708. 3. The right of the owner of land to use au adjoining street is property, and any deprivation . of the ordinary use of it is a taking of…
1Opinion of the Court
Tlie opinion of the' Court was delivered by
Fenner, J.
The plaintiff claims damages in the sum of $10,000, being the amount of diminution of tlie market value of her property occasioned by the construction by defendant of elevated embankments for the laying of its tracks along the streets contiguous to said, property and several feet above the grade of said streets, the effect of which is to obstruct and partially to cut off access thereto.
The anwer of defendant admits the building of the embankments and the tracks; but avers that said constructions were made under authority of the council of…
2Cases cited2 opinions
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- State, Department of Highways v. SmithLouisiana Court of Appeal · 1972
- State ex rel. Department of Highways v. GarrickSupreme Court of Louisiana · 1971
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