Mabire v. Canal Bank
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM THE DISTRICT COURT OP THE FIRST JUDICIAL DISTRICT. This is an action for damages against the New-Orleans Canal and Banking Company, occasioned by stopping up the drains and ditches on a piece of land occupied by the plaintiff, adjacent to the new canal constructed by said company.
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Eastern Dist. APPEAL PROM THE DISTRICT COURT OP THE FIRST JUDICIAL DISTRICT. This is an action for damages against the New-Orleans Canal and Banking Company, occasioned by stopping up the drains and ditches on a piece of land occupied by the plaintiff, adjacent to the new canal constructed by said company. The plaintiff alleges he is the lessee of a valuable tract of land, in the vicinity of the new canal constructed by the Banking Company, which, at the time of making the lease, was very valuable for the purpose of gardening and raising vegetables, but for the last eighteen months has been…
1Opinion of the CourtBullard, J.
The plaintiff sues for damages which he alleges he has sustained by the overflow of his land, adjacent to the new canal, occasioned by tbe neglect of the defendants to make a sufficient draining ditch parallel to their canal, and the obstruction of the natural drains by embankments. Having recovered a judgment founded on the verdict of a jury, the defendants appealed.
*85They rely for a reversal of the judgment, principally on a bill of exceptions taken on the trial to the charge of the court to the jury, and to the refusal of the judge to charge as prayed for by their counsel. , ■. The counsel…
2Cited by3 opinions
- Cline v. Crescent City RailroadSupreme Court of Louisiana · 1889
- Brown v. Pontchartrain RailroadSupreme Court of Louisiana · 1844
- Pontchartrain Railroad v. City of New OrleansSupreme Court of Louisiana · 1875