In re Morgan R. R. & S. S. Co.
Supreme Court of Louisiana
APPEAL from the Fifth District Court, parish of Orleans. Rogers?. J. First — The whole theory of the company’s ease is based upon the mathematical axiom that the parts cannot be greater than the whole; that the amount to be paid by the company is a fixed sum, is the value of the land, and does not vary whether the fee be a unit, or whether it be split up into a thousand estates ; and the only» variables are the amounts to be paid to the owners of the different interests in…
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APPEAL from the Fifth District Court, parish of Orleans. Rogers?. J. First — The whole theory of the company’s ease is based upon the mathematical axiom that the parts cannot be greater than the whole; that the amount to be paid by the company is a fixed sum, is the value of the land, and does not vary whether the fee be a unit, or whether it be split up into a thousand estates ; and the only» variables are the amounts to be paid to the owners of the different interests in the land. If we express our whole case in the form of an equation, we have: . Value of lease & Value of remainder = Value…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
This is a proceeding under the charter of said company and acts amendatory thereof, to expropriate a certain lot of ground In New Orleans for the use of said company.
The lot in question is owned by J. B. Trescazes and others. It is xmder lease to the firm of H. J. Montagnet for a term of three years, with privilege of renewal for three years more, at a rental of sixty dollars per month. The lessees keep thereon a coal-yard, and have con-structed upon it certain buildings for their own use and convenience.
Commissioners were appointed, and…
2Cited by44 opinions
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- Columbia Gulf Transmission Company v. HoytSupreme Court of Louisiana · 1968
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