Herbert v. Benson
Supreme Court of Louisiana
Appeal from the District Court of St. Martin, Overton, J. cited 3'Mart. 296, 496, 303. 11 lb. 620. 2 lb. N. S. 317. Greiner’s Dig. Laws of La. art. 2936 ; act of 1808. 5 Mart. N. S. 410. 3 Ib. N. S. 140. 5 La. 145, 132, 174. 1 La. 153. 13 lb. 328, 331. 18 lb. 286. 10 Rob. 357,- Act of 1809, ch. 13, s. 2. The judgment below should be reversed.
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Appeal from the District Court of St. Martin, Overton, J. cited 3'Mart. 296, 496, 303. 11 lb. 620. 2 lb. N. S. 317. Greiner’s Dig. Laws of La. art. 2936 ; act of 1808. 5 Mart. N. S. 410. 3 Ib. N. S. 140. 5 La. 145, 132, 174. 1 La. 153. 13 lb. 328, 331. 18 lb. 286. 10 Rob. 357,- Act of 1809, ch. 13, s. 2. The judgment below should be reversed. The warehouse erected by defendant, was not constructed for any purpose of public utility, in the meaning of art. 859 of the Civil Code. The use of the banks of navigable streams is public. G. C. 446. urged that the erection of the warehouse was legal,…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
The object of the suit is the abatement of a nuisance. The defendant applied to the mayor and city council of St. Martinsville, for leave to erect a warehouse on-the bank of the bayou Teche, whiehis a navigable stream, offering to store the freight of the planters free from charge, provided they gave him the storage of their crops. This application appears to have been referred by the corporation to the District Court, which determined that the land on which the petitioner proposed to erect the warehouse was a public place, which the…
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- Jones Island Realty Co. v. MiddendorfSupreme Court of Louisiana · 1939
- Giardina v. Marrero Furniture Company, Inc.Supreme Court of Louisiana · 1975
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