Legal Opinion · Dissent
New Orleans, Mobile & Chattanooga Railroad v. City of New Orleans
Supreme Court of Louisiana
Decided May 15, 1874No. 3692Published
Appeal from the Eighth District Court, parish of Orleans. Dibble, J.
1DissentLudeling, C. J.
The opinion of my associates in this case is, according to my understanding, so diametrically opposed to the jurisprudence of this State, and most of the other States of this Union, that I am compelled to dissent from it.
The question involved in this case is simply whether or not the Legislature can control the public quay or levee of the city of New *525Orleans without the consent of the city. To show that this is the question for decision, I quote from the brief of the counsel for the city:
“BATTURE ABOVE CANAL STREET.
“The King of France, prior to the year 1763, granted to the Order of Jesuits,…
2Cases cited8 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- Municipality No. 2 v. Orleans Cotton PressSupreme Court of Louisiana · 1841
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