State ex rel. Folsom Bros. v. Mayor of New Orleans
Supreme Court of Louisiana
A PPEAL from the Third District J. Court, parish of Orleans. Monroe,.. The obligation on the part of the city to make good losses sustained by' mobs is a statutory obligation and not a tort, nor is it an obligation arising out of an offense or quasi offense, for sucli an obligation.arises out of some act of the obligor, whereas in the case of the city, the obligation arises out of an act not done by the city or any of its officers or agents, and hence it is not an offense or…
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A PPEAL from the Third District J. Court, parish of Orleans. Monroe,.. The obligation on the part of the city to make good losses sustained by' mobs is a statutory obligation and not a tort, nor is it an obligation arising out of an offense or quasi offense, for sucli an obligation.arises out of some act of the obligor, whereas in the case of the city, the obligation arises out of an act not done by the city or any of its officers or agents, and hence it is not an offense or quasi offense, and, therefore, it is an obligation like that imposed by law , on co-terminous proprietors, in regard to…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Folsom Bros., relators herein, are holders of two judgments against the city of New Orleans, the same being for damages done to their property by a mob or riotous assemblage within the limits of said city, in 1873, for which the city was liable'under section 2453 of the Revised Statutes.
One of said judgments, for $2000, became final on July 3d, 1874; the other, for $26,858, became final in December, 1877. They were *712properly registered in the office of the Administrator of Public Accounts, on January 15th, 1876, and January 15th, 1877,…
2Cases cited11 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Dash v. Van KleeckNew York Supreme Court · 1811
- Garrison v. City of New YorkSupreme Court of the United States · 1875
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
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3Cited by4 opinions
- State Ex Rel. Garland v. GuillorySupreme Court of Louisiana · 1935
- Howard v. City of New OrleansLouisiana Court of Appeal · 1925
- Sawyer v. Parish of ConcordiaU.S. Circuit Court for the District of Louisiana · 1882
- Leonard v. City of ShreveportU.S. Circuit Court for the District of Louisiana · 1886