Legal Opinion

Herbert v. Benson

Supreme Court of Louisiana

Decided August 15, 1847PublishedCited by 7 opinions

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…

2Cited by7 opinions

  1. Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
  2. Ward v. Board of Levee Com'rs of Orleans Levee Dist.Supreme Court of Louisiana · 1922
  3. Lake Providence Port Com'n v. Bunge CorporationLouisiana Court of Appeal · 1967
  4. Jones Island Realty Co. v. MiddendorfSupreme Court of Louisiana · 1939
  5. Giardina v. Marrero Furniture Company, Inc.Supreme Court of Louisiana · 1975

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