Legal Opinion · Dissent
City of New Orleans v. Calamari
Supreme Court of Louisiana
Decided February 27, 1922No. 24973Published
Appeal from Recorder’s Court of New Orleans, Traffic Division; John M. Duffy, Recorder. Peter Calamari was convicted of a violation of an ordinance of the City of New Orleans relative to operating a “to hire” automobile, and appeals.
1DissentProyosty, C. J.
The streets do not belong to the city. The public has the unquestionable right to the free use of them, and automobiles have this same right, subject only to reasonable regulations by the city.
“Ordinances which.are partial or unfair, or which discriminate in favor of one class against another, are invalid.” 28 Cyc. 370. “As it would be unreasonable and unjust to make, under the same circumstances, an act done by one person penal, and if done by another not so, ordinances which have this effect cannot be sustained.” Dillon, Mun. Corp. (3d Ed.) § 322.,
All these propositions are elementary, and…
2Cases cited1 opinion
- City of New Orleans v. Le BlancSupreme Court of Louisiana · 1922