Legal Opinion

Lemann Co. v. Texas & P. Ry. Co.

Supreme Court of Louisiana

Decided May 8, 1911No. 18,226PublishedCited by 14 opinions

Appeal from Twenty-Seventh Judicial District Court, Parish of Ascension; Paul Leche, Judge. Action by the Lemann Company, Limited, against the Texas & Pacific Railway Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSommerville, J.

Plaintiff sues defendant for loss sustained by fire on two of its plantations, Peytavin and Souvenir, in Ascension parish. The evidence shows that both fires occurred on two Sunday mornings, when the buildings, of frame, were unoccupied and closed, and when no one was in or around them. That one of said buildings was about 50 feet, and the other about 150 feet, from the track of defendant. Plaintiff alleges that the loss was due to fault and negligence on the part of defendant, its employes, agents, etc., and it asks for judgment for $5,825.77 against defendant.

Defendant answers that its…

2Cases cited3 opinions

  1. Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
  2. Abbot v. GoreWisconsin Supreme Court · 1889
  3. Gulf, Colorado & Santa Fe Railway Co. v. Blakeney-Stevens-Jackson Co.Court of Appeals of Texas · 1908

3Cited by14 opinions

  1. Town of Slidell v. TempleSupreme Court of Louisiana · 1964
  2. Jennings v. Allstate Insurance CompanyLouisiana Court of Appeal · 1973
  3. LaSalle Pump & Supply Co., Inc. v. LOUISIANA MIDLAND R.Louisiana Court of Appeal · 1983
  4. Castille v. CormierSupreme Court of Louisiana · 1919
  5. Terre Haute Plantation, Inc. v. LOUISIANA & ARK. RY. CO.Louisiana Court of Appeal · 1968

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