State ex rel. Morgan's Louisiana & Texas Railroad v. Judge of the Twenty-sixth Judicial District Court
Supreme Court of Louisiana
APPLICATION for writ of Prohibition. Eirst — The single point under discussion in this suit is to determine the particular class of acts which our law intended to denote by the term “ trespass.” Second — The term “ trespass'' is derived from the Common Law of England: it must then be taken in some one of the meanings it had in that system. R. C. C. Art. 15. Third — In the Common Law the term “ trespass” was applied to throe distinct classes of acts: a.
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APPLICATION for writ of Prohibition. Eirst — The single point under discussion in this suit is to determine the particular class of acts which our law intended to denote by the term “ trespass.” Second — The term “ trespass'' is derived from the Common Law of England: it must then be taken in some one of the meanings it had in that system. R. C. C. Art. 15. Third — In the Common Law the term “ trespass” was applied to throe distinct classes of acts: a. All violations whatsoever of legal duty, causing pecuniary damage; 5. Those acts of violent injury to person or property, the appropriate…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an application for a prohibition.
The petitioner complains that a suit was brought against it for two-hundred dollars, with interest from judicial demand, before the Twenty-sixth Judicial District Court; that, under its charter, Act 37 of 1877, p. 37, its domicil is fixed in the City of New Orleans, add that it is thereby provided that it shall be sued only at its domicil, except in actions of trespass, when it may be sued in the parish in which the trespass has taken place, Sec. 12 of said Act; that an exception to the…
2Cited by8 opinions
- Tripani v. MerauxSupreme Court of Louisiana · 1936
- White v. LockhartSupreme Court of Louisiana · 1956
- Fourth Jefferson Drainage Dist. v. City of New OrleansSupreme Court of Louisiana · 1943
- O'Brien v. Delta Air CorporationsSupreme Court of Louisiana · 1938
- Devons v. Lee Logging Co.Supreme Court of Louisiana · 1908
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