Hayes v. Morgan's Louisiana & T. R. & S. S. Co.
Supreme Court of Louisiana
Action by Homer Hayes against Morgan’s Louisiana & Texas Railroad & Steamship Company. Judgment for plaintiff, and defendant applies for writs of certiorari and prohibition.
1Opinion of the CourtBreaux, C. J.
Plaintiff sued the defendant before the First justice of the peace court of St. Landry to recover for the failure to deliver freight shipped by him on the defendant’s road from Lecompte to Opelousas, La.
Primarily defendant’s contention before the justice’s court was that by section 12 of its charter (Act No. 37, p. 42, of 1877) it could only be sued at its domicile in the city of New Orleans, except in action for trespass, and that in this case there was no trespass.
Defendant, in its exception before the court, alleged that by Act No. 12, p. 12, of 1888, the act invoked by plaintiff, no…
2Cases cited6 opinions
- Welch v. GossensSupreme Court of Louisiana · 1899
- Payne v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1891
- Fleitas v. City of New OrleansSupreme Court of Louisiana · 1898
- Planters' Bank v. LanusseSupreme Court of Louisiana · 1822
- Bank of Louisiana v. FarrarSupreme Court of Louisiana · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Day v. Rapides Parish School BoardSupreme Court of Louisiana · 1925
- Iberia, St. M. & E. R. Co. v. Morgan's L. & T. R. & S. S. Co.Supreme Court of Louisiana · 1911
- Duncan v. AshwanderDistrict Court, W.D. Louisiana · 1936
- State, Dept. of Highways v. Beaird-Poulan, Inc.Louisiana Court of Appeal · 1974
- State ex rel. Texada v. CapdevielleSupreme Court of Louisiana · 1916
6 more not listed; retrieve them via the Exa API.