McPherson v. Catahoula Parish Police Jury

I disagree with the majority as to the construction of LSA-C.C. Articles 665 and 707. In the case of Hebert v. T. L. James & Company, 224 La. 498, 70 So.2d 102 (1954), the facts were that the plaintiff owned land fronting on Bayou Terrebonne, a navigable stream. A graveled road, approximately 30 *689feet in width, had existed parallel and close to the bank of this stream since time immemorial. The State contracted with the defendant, T. L. James & Company, to widen this road to 75 feet and pave it with concrete. Plaintiffs filed suit to enjoin the construction of the widened road. The issue was…