Chouke v. Filipas

PLEASANTS, O. J.

This appeal is from a judgment of the court below refusing to perpetuate a temporary injunction theretofore granted appellant restraining appellees from operating a barge in Sydnor’s bayou in such manner as to destroy the oysters planted and growing on the land of appellant which forms the bed of the bayou.

The suit was instituted by appellees to restrain appellant from maintaining a fence across the bayou which prevented its navigable use by appellees.

In his answer to appellees’ suit, appellant admitted the construction of the fence, which he averred was necessary to protect…