Bass v. State
Supreme Court of Louisiana
APPEAL from the Fifth District Court for the Parish of Orleans, Bogers, J. CChe discretion of officers charged with the construction of levees, in regard to their location and their necessity, as well as the amount of land to be appropriated in satisfaction of the servitude established by Art. 665, O. C., is subject to judicial control. 11 A. 160; 20 A. 309; 66 N. T. 407; 23 Minn. 167 ; 22 A. 60. Commissioners empowered to straighten a river, to protect a country against…
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APPEAL from the Fifth District Court for the Parish of Orleans, Bogers, J. CChe discretion of officers charged with the construction of levees, in regard to their location and their necessity, as well as the amount of land to be appropriated in satisfaction of the servitude established by Art. 665, O. C., is subject to judicial control. 11 A. 160; 20 A. 309; 66 N. T. 407; 23 Minn. 167 ; 22 A. 60. Commissioners empowered to straighten a river, to protect a country against inundation, are not liable personally for incidental injuries to individuals. Neither is there any claim against the…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an action brought against the State, with her consent, given by Act 82 of 1878, to recover $75,000 damages, for the alleged tortious construction of a levee.
From a judgment allowing plaintiff that sum, this appeal is taken.
The plaintiff claims to have suffered those damages in consequence of the manner in which the “ Bass Levee," in the Parish of East Carroll, in this State, was constructed by State officers, acting under Act 140 of 1877.
He complains that, towards the end of 1877 and the beginning of 1878, the State Board of…
2Cases cited10 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- United States v. VanzandtSupreme Court of the United States · 1826
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Vanderbilt v. AdamsNew York Supreme Court · 1827
- Green v. SwiftCalifornia Supreme Court · 1874
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