Legal Opinion

Postal Telegraphic Cable Co. v. Louisville, New Orleans & Texas Railway Co.

Supreme Court of Louisiana

Decided April 15, 1891No. 10,815PublishedCited by 11 opinions

APPEAL from the Twenty-Third District Court, Parish of Iberville. Talbot, J. R. S., Sec. 701; New Orleans and Opelousas Railroad Oo. vs. Lagard, 10 An. 158; Vicksburg and Shreveport Railroad Co. vs. Oalderwood, 15 An. 481; New Orleans Pacific Railroad Oo. vs. Gay, tutor, 31 An. 431; Railroad Oo. ys.

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APPEAL from the Twenty-Third District Court, Parish of Iberville. Talbot, J. R. S., Sec. 701; New Orleans and Opelousas Railroad Oo. vs. Lagard, 10 An. 158; Vicksburg and Shreveport Railroad Co. vs. Oalderwood, 15 An. 481; New Orleans Pacific Railroad Oo. vs. Gay, tutor, 31 An. 431; Railroad Oo. ys. Dillard, 85 An. 1005; Railroad Oo. vs. Francis, 70 Ills., 238; Snyder vs. Railroad Oo., 25 Wys. 60; Railroad Oo. vs. Capps, 67 Ills. 607; Pierce on Railroads, 213; Schuylkil Navigation Co. vs. Farr, 4 Watts & S. 362; Rover on Railroads, 373, 383; Sutherland on Damages, 442; Troy and Boston…

1Opinion of the Court

The opinion of the court Was delivered by

Fenner, J.

This is an appeal from the finding of a jury of freeholders in an expropriation proceeding instituted to condemn so much of the land occupied by the defendant as its railroad and right of way, as is necessary for the establishment and erection of a telegraph line by the plaintiff company.

The appeal involves only three controverted questions, viz: (1) certain exceptions interposed by defendant; (2) the quantum of the verdict and judgment; (3) the form of the judgment.

I

The exceptions are all waived except one, viz: absence of authority from the…

2Cases cited1 opinion

  1. Carrollton Rail Road v. AvartSupreme Court of Louisiana · 1837

3Cited by11 opinions

  1. City of Shreveport v. PedroSupreme Court of Louisiana · 1930
  2. City of Shreveport v. YoureeSupreme Court of Louisiana · 1905
  3. Housing Authority v. GondolfoSupreme Court of Louisiana · 1945
  4. Kansas City, Shreveport & Gulf Railway Co. v. Heirs of SmithSupreme Court of Louisiana · 1899
  5. Housing Authority of New Orleans v. PolmerSupreme Court of Louisiana · 1940

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