Legal Opinion

Werges v. St. Louis, Chicago & New Orleans Railroad

Supreme Court of Louisiana

Decided May 15, 1883No. 8010PublishedCited by 18 opinions

APPEAL from the Sixth District Court for the Parish of Orleans. Bightor, J. 1. The general denial and plea'of confession and avoidance are inconsistent defenses. 23 An. 109, 239 ? 31 An. 84; G. P. 419, 420. 2. The charter of a railroad company is a special law.

Read the full summary

APPEAL from the Sixth District Court for the Parish of Orleans. Bightor, J. 1. The general denial and plea'of confession and avoidance are inconsistent defenses. 23 An. 109, 239 ? 31 An. 84; G. P. 419, 420. 2. The charter of a railroad company is a special law. It is a private statute requiring plea and proof to be noticed judicially. 33 An. 956. 3. An answer cannotbe amended after the plaintiff has closed his evidence; nor after defendant has gone to trial. 14 An. 355; 19 L. 547-8; 22 An. 350-1, and cases cited in brief; G. P. 419, -420. 4. The courts will not permit defendants to introduce…

1Opinion of the Court

The opinion of the Court was delivered by

Pochk, J.

Plaintiff has recovered in the District Coart a judgment in her favor for damages in the sum of $3,500, and for au injunction restraining the defendant Company from running freight trains and steam engines in front of her property situated on the corner of Euphrosine and Liberty streets in this city; by which trains, running from the defendant’s freight depot in the rear of the city to the Mississippi river front, she had alleged to have been damaged in the sum of ten thousand dollars, for injuries eaused to her house, which she used as a…

2Cited by18 opinions

  1. Langlois v. Allied Chemical CorporationSupreme Court of Louisiana · 1971
  2. Devoke v. Yazoo M. v. R. Co.Supreme Court of Louisiana · 1947
  3. R.J. Reynolds Tobacco Company v. Elbert Berry HudsonCourt of Appeals for the Fifth Circuit · 1963
  4. Bunge Corp. v. Gatx Corp.Supreme Court of Louisiana · 1990
  5. Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API