Legal Opinion

New Orleans, Fort Jackson & Grand Isle Railroad v. McNeely

Supreme Court of Louisiana

Decided June 3, 1895No. 11,790Published

APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. On Motion to Dismiss.

1Opinion

*1302On Application por Rehearing.

The gravamen of plaintiff’s'complaints in the application for a rehearing are: That the court has not passed on the bill of exceptions taken by it to the judge’s charge contained in the record and referred to in the original brief;

That the court and jury decided issues not presented by the pleadings, and ultra petitem;

That the decision is not accordant with a former decision, New Orleans, Fort Jackson & Grand Isle Railroad Company vs. Mrs. Elizabeth Barton, 43 An. 171;

That the amount allowed is too large.

The District Court refused to charge the jury that any…

2Cases cited1 opinion

  1. Carrollton Rail Road v. AvartSupreme Court of Louisiana · 1837

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