New-Orleans Pacific Railway Co. v. Gay
Supreme Court of Louisiana
APPEAL from the Fifth Judicial District Court, parish of Iberville. McVea, J. 1. The defendant made no motion for a new trial, and his criticisms of the verdict upon questions of fact therefore lose much, of their “weight where not made before the court which tried the case originally ; ” that “ an appeal from a judgment founded on a verdict should only be taken after the refusal of a new trialand that “ judgments founded on verdicts should never be brought before the…
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APPEAL from the Fifth Judicial District Court, parish of Iberville. McVea, J. 1. The defendant made no motion for a new trial, and his criticisms of the verdict upon questions of fact therefore lose much, of their “weight where not made before the court which tried the case originally ; ” that “ an appeal from a judgment founded on a verdict should only be taken after the refusal of a new trialand that “ judgments founded on verdicts should never be brought before the Supreme Court, without showing that an attempt has been made to obtain a new trial.” Such are the rules derived by Mr. Hennen…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
This is a proceeding by plaintiff to expropriate, in fee, lands of the defendant, alleged to be necessary for the road-bed of a railway.' In this case (by difference from that of “ N. O. Pacific R. R. Co. vs. Gay, Tutor,” reported in 31 A. 430) the defendant not only denies that plaintiff’s necessities require the quantity of land sought to be expropriated, but also denies that there is any need of expropriating the title in fee, claiming that a right of way is all that is necessary for plaintiff’s purposes.
In the case above referred to, we…
2Cases cited1 opinion
- Mathewson v. HawkinsSupreme Court of Rhode Island · 1895
3Cited by7 opinions
- Greater Baton Rouge Port Commission v. WatsonSupreme Court of Louisiana · 1953
- State, Dept. of Highways v. Jeanerette Lumber & Shingle Co.Supreme Court of Louisiana · 1977
- Missouri Pacific RR Co. v. NicholsonLouisiana Court of Appeal · 1984
- State ex rel. Department of Highways v. GuidryLouisiana Court of Appeal · 1959
- City of Gretna v. Brooklyn Land Co.Supreme Court of Louisiana · 1935
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