Legal Opinion

Villavaso v. Barthet

Supreme Court of Louisiana

Decided March 15, 1887No. 9719PublishedCited by 18 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Tissoi, J. 1. The ordinance of September, 1885, changing the limits within which slaughter-houses could be lawfully carried on, was a lawful exercise of municipal authority.

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APPEAL from the Civil District Court for the Parish of Orleans. Tissoi, J. 1. The ordinance of September, 1885, changing the limits within which slaughter-houses could be lawfully carried on, was a lawful exercise of municipal authority. Cons. 248, 2. The slaughter-house of defendant, being outside of the legal limits, became unlawful, lienee a public nuisance, as well as a private nuisance, to those in proximity to whoso residences it was established. 3. As a public and private nuisance, the residents of the vicinage were authorized to invoke its suppression by judicial process. Blanc vs.…

1Opinion of the Court

Tlie opinion of the Court was delivered by

Poché, J.

The main object of this suit is to restrain the defendants from carrying on the business of slaughtering animals for food in tlie immediate vicinity of plaintiffs’ residences, in the lower part of the city of New Orleans, in the square bounded by Peters, Flood, Delaronde streets and Caffln avenue. After alleging that the business complained of is in itself a nuisance, and that its close proximity to their residences renders it unbearable to them, plaintiffs charge that defendants’ slaughter-house is at the same time a public nuisacce, because…

2Cases cited2 opinions

  1. Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
  2. Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878

3Cited by18 opinions

  1. Langlois v. Allied Chemical CorporationSupreme Court of Louisiana · 1971
  2. New Orleans v. WarnerSupreme Court of the United States · 1899
  3. City of Jacksonville v. LedwithSupreme Court of Florida · 1890
  4. City of Tampa v. SalomonsonSupreme Court of Florida · 1895
  5. Portland v. CookOregon Supreme Court · 1906

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