State ex rel. Boagni v. Colorado Southern, N. O. & P. R.
Supreme Court of Louisiana
Appeal from Sixteenth Judicial District Court, Parish of St. Landry; Edward Taylor Lewis, Judge. Mandamus by the state, on relation of E. M. Boagni, against the Colorado Southern, New Orleans & Pacific Railroad Company to enforce compliance with a decree that defendant install and maintain necessary crossings, culverts, and cattle guards, and to compel defendant to remove loose earth piled on relator’s land, and to restore the embankment where the cut was wider than the…
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Appeal from Sixteenth Judicial District Court, Parish of St. Landry; Edward Taylor Lewis, Judge. Mandamus by the state, on relation of E. M. Boagni, against the Colorado Southern, New Orleans & Pacific Railroad Company to enforce compliance with a decree that defendant install and maintain necessary crossings, culverts, and cattle guards, and to compel defendant to remove loose earth piled on relator’s land, and to restore the embankment where the cut was wider than the right of way. Judgment for relator, and defendant appeals.
1Opinion of the CourtProvo Sty, J.
The defendant railroad obtained a judgment expropriating a right of way across plaintiff’s plantation. This judgment decreed that the railroad should “install and maintain all necessary crossings, culverts, and cattle guards.” The present suit is to enforce compliance with that decree, and also for compelling the defendant railroad to remove loose earth, which it has piled in places on plaintiff’s land outside of the right of way, and in other places to restore the embankment where the cut is wider than the right of way. The plaintiff annexed to his petition a plat, showing exactly where he…
2Cases cited6 opinions
- State ex rel. City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1885
- State ex rel. Habersham v. Savannah & Ogechek Canal Co.Supreme Court of Georgia · 1859
- State ex rel. Grady v. Chicago, Madison & Northern RailroadWisconsin Supreme Court · 1891
- State v. PetersSupreme Court of Louisiana · 1885
- Kirk v. Kansas City, Shreveport & Gulf RailroadSupreme Court of Louisiana · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Democratic Executive Committee of Parish of Tangipahoa v. SinagraLouisiana Court of Appeal · 1955