Day v. New Orleans Pacific Railway Co.
Supreme Court of Louisiana
APPEAL from tlie Twelfth District Court, Parish of Rapides. Blaelcman, J. 1. It is admitted that the defendant killed all the stock mentioned in the petition. 2. Title to real estate cannot be established by parol testimony, neither can the right of way to a railway company be proved by that species of evidence.
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APPEAL from tlie Twelfth District Court, Parish of Rapides. Blaelcman, J. 1. It is admitted that the defendant killed all the stock mentioned in the petition. 2. Title to real estate cannot be established by parol testimony, neither can the right of way to a railway company be proved by that species of evidence. Right of way passes the fee in the soil, not merely its use. 3. The license of the owner of the soil permitting a railway company to grade the track, cannot he construed as a permission to run its engines and trains. One is a harmless act unattended with loss, while the other is…
1Opinion of the Court
The opinion of the Court was delivered by
Poohé, J.
This is a suit for the value of cattle alleged to have been killed by the defendant’s train, through the fault, negligence and carelessness of its employees.
Plaintiff charges that:
On the 19th of September, 1882, eight of her mules were thus killed and one badly injured.
On the 26th of the same month, two mules were killed.
On the 11th of October same year, one mule was killed.
And on November 11th same year, one mule and a jack, a valuable animal, estimated at one thousand dollars, were killed.
She also claimed attorney’s fees, valued at $250,…
2Cited by9 opinions
- Tidwell v. Meyer Bros.Supreme Court of Louisiana · 1926
- Rousseau v. Texas & PacificLouisiana Court of Appeal · 1926
- Townsend v. Missouri Pacific RailroadLouisiana Court of Appeal · 1925
- Hennessy v. DaigleLouisiana Court of Appeal · 1929
- Anders v. Lee-Rogers Chevrolet Co.Louisiana Court of Appeal · 1927
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