Carrollton Rail Road v. Avart
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This case was before the court on a former occasion, and remanded. See 9 Louisiana Reports, 205. The material facts elicited on the last trial, are stated in the opinion of the court, which follows.
1Opinion of the CourtBullard, J.
This case was before us at March term, 1836, and was then remanded for further proceedings, this court being of opinion, that the Rail Road Company having possessed themselves of the land over which their road runs, was not precluded from proceedings, in order to have the same adjudicated to them, according to the provisions of their charter. See 9 Louisiana Reports, 205.
Accordingly, a jury of freeholders was named, who estimated the damage to Brouet at two thousand four hundred.dollars ; to Toledano at two thousand four hundred dollars, and to Avart at two thousand five hundred dollars. One…
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