Bell v. Edwards
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. Streets and public places cannot he appropriated to private use. 0. C. 454, 458, 863 ; Dillon’s Mun. Corp., Secs. 61, 518; 2 Ann. 770; 3 M. 296, 303; 27 K. X. 611; 4 Oald. 406, 419 ; 70 Pa. St. 310 ; 79 Pa. St 257; 56 Pa.
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. Streets and public places cannot he appropriated to private use. 0. C. 454, 458, 863 ; Dillon’s Mun. Corp., Secs. 61, 518; 2 Ann. 770; 3 M. 296, 303; 27 K. X. 611; 4 Oald. 406, 419 ; 70 Pa. St. 310 ; 79 Pa. St 257; 56 Pa. St. 413. 2. The switch in question is an obstruction of the highway, especially injurious to plaintiff and his property, and liable to he removed as a nuisance. 3 L. 566; 4 M. 9; 6 JEt. 349; 6 East. 427; 35 Ann. 1062, 1074. 3. The ordinance relied on does not authorize the construction in front of…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The object of this suit is to have a municipal ordinance annulled and the defendant denied the exercise of any rights under it.
The attacked ordinance grants to the defendant permission to lay a switch, or turn out, on Delta street, between Poydras and Gravier streets, connecting Ms warehouse shops with the trades of the Morgan's Lomsiana and Texas LaiVroad, to be located between the curb line and the inner rail of the track.
The plaintiff owns the property forming the corner of Delta and Gravier streets, between the last named street and…
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