Bourdier v. Morgan's Louisiana & Texas Railroad
Supreme Court of Louisiana
APPEAL from the Nineteenth District Court, Parish of St. Mary. Goode, J. 1. The plea of the general issue, and special defenses in justification are inconsistent issues, and cannot stand together; the former is waived by the latter, and the defendant should have been required to elect between them. 10 L. 306; 28 An. 239, 109; 29 An. 136; 31 An. 84. 2. The charter of a company is a private statute, not a special law, requiring plea and proof to be noticed judicially. 33 An.…
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APPEAL from the Nineteenth District Court, Parish of St. Mary. Goode, J. 1. The plea of the general issue, and special defenses in justification are inconsistent issues, and cannot stand together; the former is waived by the latter, and the defendant should have been required to elect between them. 10 L. 306; 28 An. 239, 109; 29 An. 136; 31 An. 84. 2. The charter of a company is a private statute, not a special law, requiring plea and proof to be noticed judicially. 33 An. 956, 954; 23 An. 415. 3. After issue joined an answer cannot be amended so as to change the original issue, nor can it be…
1Opinion of the Court
The opinion of the Court was delivered by
' Manning, J.
The plaintiffs own a sugar plantation below Patter*949sonville in St. Mary through which the defendant has constructed its road, and has so built it that damage has been inflicted upon them to the extent they allege of ten thousand dollars. The cause of the damage is the closing of numerous ditches which prevents drainage, and: dams up the water, and particularly a canal which is the main outlet. The road bed is built through the heart of the plantation, and runs between the stables and the sugarhouse and laborer’s cabins, and is thus claimed…
2Cited by18 opinions
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Taylor v. New Orleans Terminal Co.Supreme Court of Louisiana · 1910
- Gumbel v. New Orleans Terminal Co.Supreme Court of Louisiana · 1937
- McCutchen v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1907
- Fresno Etc. Co. v. Southern Pac. Etc. Co.California Supreme Court · 1901
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