Bradley v. Pharr
Supreme Court of Louisiana
A PPEAL fro'm the Seventeenth District Court, Parish of St. Mary. iY Allen, J. 1. The title to the soil of public roads vests in the proprietors of the lands over which they run. The public owns nothing but a servitude o£ way. O. O. 638; 3 An. 382. 2. A use of a road different from that originally intended at the time of the dedication to the public service, or inconsistent with it, is not permissible. Cooley on Con.
Read the full summary
A PPEAL fro'm the Seventeenth District Court, Parish of St. Mary. iY Allen, J. 1. The title to the soil of public roads vests in the proprietors of the lands over which they run. The public owns nothing but a servitude o£ way. O. O. 638; 3 An. 382. 2. A use of a road different from that originally intended at the time of the dedication to the public service, or inconsistent with it, is not permissible. Cooley on Con. Him., Sec. 556; 33 An. 624. 3. Any permanent construction on a public place is inconsistent with the easement of the public over that part of the public place occupied by the…
1Opinion of the Court
The opinion of the court was delivered by
Eennbr, J.
Plaintiffs aver that they are the owners of a plantation fronting on the Atchafalaya river, which is a navigable stream; that their said property is, by law, subject to a servitude of way in favor of the public; that in the exercise of said servitude a public road has been established from the earliest settlement of the country running along or near the front of said plantation; that defendant had begun and was then engaged in constructing on said public road a private railway for his own exclusive use, and that his occupation of said public…
2Cases cited5 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- White v. FlannigainCourt of Appeals of Maryland · 1852
- Wilson v. City of Mineral PointWisconsin Supreme Court · 1875
- Ewell v. GreenwoodSupreme Court of Iowa · 1868
- Mikesell v. DurkeeSupreme Court of Kansas · 1886
3Cited by20 opinions
- Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
- Louisiana Power & Light Company v. DileoLouisiana Court of Appeal · 1955
- Fuselier v. Police JurySupreme Court of Louisiana · 1903
- Goree v. Midstates Oil CorporationSupreme Court of Louisiana · 1944
- Kansas Natural Gas Co. v. HaskellU.S. Circuit Court for the District of Eastern Oklahoma · 1909
15 more not listed; retrieve them via the Exa API.