Ogborn v. Lower Terrebonne Refining & Mfg. Co.
Supreme Court of Louisiana
Appeal from Twentieth Judicial District Court, Parish of Terrebonne; W. P. Martin, Judge. Action by Harry Ogborn against the Lower Terrebonne Refining & Manfacturing Company. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtProvostx, J.
Defendant is operating a tramroad across the land of plaintiff for the transportation of its sugar cane to its factory, and this suit is an injunction to prevent it from doing so. Defendant claims to have a servitude of passage on plaintiff’s land, by virtue of the prescription of 10 years. Plaintiff contends that such a servitude is a discontinuous servitude, and therefore not prescriptible. Whether that contention is well founded is the only question in the case. The writer of this opinion thinks that a servitude, the exercise of which necessitates the permanent maintenance of a railroad,…
2Cases cited1 opinion
- Torres v. FalgoustSupreme Court of Louisiana · 1885
3Cited by13 opinions
- Lake, Inc. v. Louisiana Power & Light CompanySupreme Court of Louisiana · 1976
- Acadia-Vermilion Rice Irrigating Co. v. BroussardLouisiana Court of Appeal · 1965
- Lake, Inc. v. Louisiana Power & Light Co.Louisiana Court of Appeal · 1975
- Kelly v. PippitoneLouisiana Court of Appeal · 1930
- Louisiana Irrigation and Mill Company v. PoussonSupreme Court of Louisiana · 1972
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