Legal Opinion

McCearley v. Lemennier

Supreme Court of Louisiana

Decided March 15, 1888No. 10,115PublishedCited by 9 opinions

APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1.Tbe police jury of Concordia parish has plenary, unlimited and exclusive power to make such enactments in regard to roads witliin the limits of Concordia parish as may be necessary and convenient. Act N o. 146 of 1858; 34 Ann. 362; 30 Ann. 1092; Secs. 3364 and 3367, R. S.; 7 Ann. 150 ; Sec. 62 of General Levee Law of 1829 ; Bul. and Cur. 760. 2.The State enforces no system of its own in reference to voads.

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APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1.Tbe police jury of Concordia parish has plenary, unlimited and exclusive power to make such enactments in regard to roads witliin the limits of Concordia parish as may be necessary and convenient. Act N o. 146 of 1858; 34 Ann. 362; 30 Ann. 1092; Secs. 3364 and 3367, R. S.; 7 Ann. 150 ; Sec. 62 of General Levee Law of 1829 ; Bul. and Cur. 760. 2.The State enforces no system of its own in reference to voads. By Act No. 146 of 1858 and Section 3367, R. S., the regulation of such matters was entrusted to the local authorities. 34…

1Opinion of the Court

The opinion of the Court was delivered bj7

Bermudez, C. J.

The record contains a motion to dismiss, of which no other mention need b© made than that it presents no merit and is overruled.

The object of this suit is to have a certaio road declared pubMo and *255to recover damages for its obstruction by the defendant, who pretends that it is private property.

From an adverse judgment, the plaintiff appeals.

The road, with a bayou known as Chd Off Bayou, begins at the public levee on the Mississippi river in the direction of Red river, and runs, more or less, along the side of the bayou several miles,…

2Cited by9 opinions

  1. Harwood Oil & Mining Company v. BlackSupreme Court of Louisiana · 1960
  2. Bomar v. City of Baton RougeSupreme Court of Louisiana · 1926
  3. Powell v. PorterSupreme Court of Louisiana · 1931
  4. Bomar v. City of Baton RougeLouisiana Court of Appeal · 1926
  5. Cenac v. Public Access Water Rights Ass'nLouisiana Court of Appeal · 2002

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