Legal Opinion

Parish of Concordia v. Natchez, Red River & Texas Railroad

Supreme Court of Louisiana

Decided April 15, 1892No. 11,010PublishedCited by 9 opinions

APPEAL from the Ninth District Court, Parish of Concordia. Young, ./. 1. The power is vested in the police juries of the respective parishes over drainage, and to remove obstructions to natural drainage of the lands along-water courses of the State and the Mississippi river.

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APPEAL from the Ninth District Court, Parish of Concordia. Young, ./. 1. The power is vested in the police juries of the respective parishes over drainage, and to remove obstructions to natural drainage of the lands along-water courses of the State and the Mississippi river. R. S., See. 2748; 13 La. 114; 5 An. 424; G An. 97; 12 An. 554; 40 An. 425. 2. The division of parishes into drainage districts, as provided under Act 107 of 1888, Is not mandatory, and does not by implication repeal statutes vesting power in police juries for drainage purposes. 13 An. 329; 20 An 140; 24 An. 1(56.

1Opinion of the Court

The opinion of the court was delivered by

Brbaux, J.

The police jury of the parish of Concordia instituted this suit against the defendant company for the purpose of having removed all obstructions and embankments and closing drains alleged as natural; these drains being sloughs, bayous and low places, alleged as having been closed by defendant’s railroad embankment.

Plaintiff avers that the drainage of certain plantations, especially of the five plantations, designated by name, viz., Concordia, Fletcher, Hellena, Panola and Clearmont, is obstructed and damaged, and that at times these…

2Cases cited2 opinions

  1. Commonwealth ex relatione Leslie v. County CommissionersSupreme Court of Pennsylvania · 1835
  2. Sicard v. ChitzSupreme Court of Louisiana · 1839

3Cited by9 opinions

  1. State Ex Rel. Porterie v. SmithSupreme Court of Louisiana · 1935
  2. Union Sulphur Co. v. Parish of CalcasieuSupreme Court of Louisiana · 1923
  3. Petit Anse Coteau Drainage Dist. v. Iberia & V. R.Supreme Court of Louisiana · 1909
  4. Parish Council of Parish of East Baton Rouge v. Louisiana Highway & Heavy Branch of Associated General Contractors, Inc.Louisiana Court of Appeal · 1961
  5. American Ice Co. v. Police Jury, Parish of JeffersonSupreme Court of Louisiana · 1926

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