Canal & Claiborne Railroad v. Crescent City Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. Under the Constitution of 1879, private property can not be taken or damaged for any public use until full compensation is made.
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. Under the Constitution of 1879, private property can not be taken or damaged for any public use until full compensation is made. Act 110, Constitution 1868; Constitution 1879, Article 156; Griffen vs. R. R. Co., 41 An. 808; Cooley Const.' Lim. 680, 681 (note); Chicago vs. Taylor, 125 U. S. 161, 170; Railroad vs. Ayers 2. When any individual or corporation is to he divested of property for any public use, against the will of the party tobe divested, a strict compliance with the law providing for expropriation, and…
1Opinion of the Court
The opinion of the court was delivered by
McEnebv, J.
The petition avers that the Oanal & Claiborne Railroad Company is a corporation; that in the year 1887 the Canal & Claiborne Streets Railroad Company, another corporation, acquired from the city of New Orleans, for itself and its assigns, in due form, a lawful grant to own and operate a street railway for the term of twenty-five years, on and over Oanal street and the other streets described in the petition and in a copy of the grant annexed to the petition. The term of the grant commenced to run from the 8tb of May, 1887. This grant was not…
2Cited by3 opinions
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- Lincoln Traction Co. v. Omaha, Lincoln & Beatrice Railway Co.Nebraska Supreme Court · 1922
- Capdevielle v. New Orleans & S. F. R.Supreme Court of Louisiana · 1903