State ex rel. City of New Orleans v. New Orleans & Carrollton Railroad

The opinion of the court was delivered by

Monroe, J.

The relator seeks by mandamus, under Act No. 133 of 1888, to compel the defendant to put in good order and repair, according to the terms of a certain contract, and agreeably to certain specifications, which are annexed to the petition, the lake side of St. Charles avenue, between Louisiana avenue and Dublin street, in the city of New Orleans. The defence is set 'out at considerable length, and will appear in the statement of the case.

The facts, disclosed by the evidence and admissions, are as follows, to-wit:—

*1572Upon August 7, 1882, die city,…