Legal Opinion

Capdevielle v. New Orleans & S. F. R.

Supreme Court of Louisiana

Decided May 25, 1903No. 14,818PublishedCited by 11 opinions

Appeal from Civil District Court, Parish of Orleans; Ered D. King, Judge. Action by Paul Capdevielle, mayor of the city of New Orleans, against the New Orleans & San Francisco Railroad. Company. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

Statement of the Case.

BREAUX, J.

Plaintiff brought this suit to test defendant’s right to execute an ordinance of the city council (adopted over his veto) granting rights and privileges to defendant to lay tracks as it proposes, and to establish depots and other improvements needed for railway purposes.

It is contended by plaintiff that the ordinance granting rights of way and privileges to defendant undertakes to grant rights in perpetuity.

The ground on which plaintiff rests to sustain the charge is found in Ordinance 15,080, €. S.

It.becomes necessary in stating the facts, as-relates to the…

2Cases cited4 opinions

  1. City of New Orleans v. SteinhardtSupreme Court of Louisiana · 1900
  2. East Louisiana Railroad v. City of New OrleansSupreme Court of Louisiana · 1894
  3. New Orleans City & Lake Railroad v. WatkinsSupreme Court of Louisiana · 1896
  4. Canal & Claiborne Railroad v. Crescent City RailroadSupreme Court of Louisiana · 1892

3Cited by11 opinions

  1. Gumbel v. New Orleans Terminal Co.Supreme Court of Louisiana · 1937
  2. Washington Fruit & Produce Co. v. City of YakimaWashington Supreme Court · 1940
  3. O'Keefe v. City of New OrleansDistrict Court, E.D. Louisiana · 1921
  4. Board of Liquidation v. City of New OrleansSupreme Court of Louisiana · 1906
  5. State ex rel. Board of Liquidation of City Debt v. BriedeSupreme Court of Louisiana · 1906

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