Sicard v. Chitz
Supreme Court of Louisiana
APPEAL. FROM THE COURT OF TJrtE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINTS COUPEE, THE JUDGE THEREOF PRESIDING. The plaintiff alleges, that in the year 1838, the defendants, L. Chitz, C. Porche, and P. Jeoffrian, illegally, and without authority, entered upon bis land, at the mouth of the upper canal of Fausse Rivibre, and there cut away a dike, or dam, which he had constructed across said canal, for his own use and benefit, and which was situated on his own land.
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APPEAL. FROM THE COURT OF TJrtE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINTS COUPEE, THE JUDGE THEREOF PRESIDING. The plaintiff alleges, that in the year 1838, the defendants, L. Chitz, C. Porche, and P. Jeoffrian, illegally, and without authority, entered upon bis land, at the mouth of the upper canal of Fausse Rivibre, and there cut away a dike, or dam, which he had constructed across said canal, for his own use and benefit, and which was situated on his own land. That by reason of said illegal acts, he has suffered damages to the amount of five thousand dollars, for which he prays…
1Opinion of the CourtRost, J.
*113The plaintiff seeks to recover damages from the defendants, for breaking down, illegally, as he alleges, a dam, causeway, or dike, constructed by him across the mouth of the upper' channel of False River.
The defendants deny their liability, and aver, that the plaintiff had erected a dam across the principal pass of the upper channel of False River, which is a navigable stream, and a natural water course, thus preventing all water communication between False River and the Mississippi, and depriving the planters on False River of the water necessary to their various purposes; that a petition…
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