Legal Opinion

City of New Orleans v. Crescent City Railroad

Supreme Court of Louisiana

Decided November 15, 1889No. 10,359PublishedCited by 4 opinions

APPEAL from tbe Civil District Court for tlio Parish of Orleans. Hint/, J. 1. The city has supervision and control over all the streets within her limits, and power to regulate the use thereof. Tilton a's. Railroad Co., 35 Ann. 1008; Pickles Ars. Dry Dock, 38 Ann. 412; "WaterAvorks Co. als. Sugar Refinery Co., 35 Ann. 1114; Draús vs. Mayor of R. Y., 14 R. Y. R. 506; 2 Dill. Municip. Corp. secs. 506, 507. 2. It cannot part with this power, even by contract. Cooley on Const.

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APPEAL from tbe Civil District Court for tlio Parish of Orleans. Hint/, J. 1. The city has supervision and control over all the streets within her limits, and power to regulate the use thereof. Tilton a's. Railroad Co., 35 Ann. 1008; Pickles Ars. Dry Dock, 38 Ann. 412; "WaterAvorks Co. als. Sugar Refinery Co., 35 Ann. 1114; Draús vs. Mayor of R. Y., 14 R. Y. R. 506; 2 Dill. Municip. Corp. secs. 506, 507. 2. It cannot part with this power, even by contract. Cooley on Const. Dim., p. -207; Gozzler a's. GoorgetoAvn, 0 Wheat. 597; Reynolds vs. Shreveport, 13 Ann. 428; Milham vs. Sharp, 17 Barb.,…

1Opinion of the Court

Tlie opinion of tlie Court was delivered by

Bermudez, C. J.

The city sues to recover $281,418 75 as due her by the defendant’s company, as the successor of one McConnel to whom she had granted the privilege of running a street railway and was to pay, as a consideration for such right, a certain bonus, on eveiy passenger carried. The period covered by tlie claim extends from 1866 to 1886, when this suit was brought.

The defendant pleaded prescription, prematurity and estoppel.

A judgment was rendered sustaining the plea of prescription as against any claim for the bonus, previous to the 24th of…

2Cited by4 opinions

  1. Butler v. Flint-Goodridge Hosp. of Dillard U.Louisiana Court of Appeal · 1977
  2. DeBellevue v. CouvillionLouisiana Court of Appeal · 1926
  3. Stone v. StoneLouisiana Court of Appeal · 1972
  4. H. A. Bauman, Inc. v. TillyLouisiana Court of Appeal · 1937

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