State ex rel. Ditch v. Morgan's Louisiana & T. R. & S. S. Co.
Supreme Court of Louisiana
Appeal from Twenty-Third Judicial District Court, Parish of St. Mary; Albert Campbell Allen, Judge. Application by the state, on the relation of Ozema Ditch and others, for a writ of mandamus to Morgan’s Louisiana & Texas Railroad & Steamship Company. Judgment for relator, and defendant appeals.
1Opinion of the CourtProyosty, J.
Some time in 1884 or 1S85 the defendant railroad company fenced its right of way in the town of Morgan City, and in doing so left no opening at the place which on the map of the town appears to be Fourth street. Later, at a date not fixed in the record, it established a turnstile opening in the fence for the accommodation of pedestrians, and made a gravel path across the right of way. Seventeen or 18 years after-wards—in 1902—the present mandamus suit is filed to compel the defendant company to remove the fence and “maintain the said crossing.” The suit is instituted under -the provisions of…
2Cases cited5 opinions
- Lafitte v. City of New OrleansSupreme Court of Louisiana · 1900
- Land v. SmithSupreme Court of Louisiana · 1892
- Leland University v. City of New OrleansSupreme Court of Louisiana · 1895
- Vicksburg, Shreveport & Pacific Railroad v. Mayor of MonroeSupreme Court of Louisiana · 1896
- Armistead v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of Louisiana · 1895
3Cited by6 opinions
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- McLean v. ThurmanCourt of Appeals of Kentucky (pre-1976) · 1954
- Cincinnati, Richmond & Fort Wayne Railroad v. Cleveland, Cincinnati, Chicago & St. Louis RailroadIndiana Supreme Court · 1919
- Armiger v. LewinCourt of Appeals of Maryland · 1958
- Louisiana Ry. & Nav. Co. v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1928
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