Legal Opinion
Helmer v. Colorado Southern, N. O. & P. R.
Supreme Court of Louisiana
Decided October 19, 1908No. 17,329PublishedCited by 11 opinions
Case certified from Court of Appeal. Action by Robert M. Helmer against the Colorado Southern, New Orleans & Pacific Railroad Company. Judgment for plaintiff, and defendant appeals to the Court of Appeal.
1Opinion of the CourtLand, J.
Plaintiff sued the defendant company for damages to his property alleged to have been caused by the construction and operation of its railroad in front of his premises. It appears from the statement that plaintiff claimed as an element of damages the diminution of the market value of his property caused by the rumbling of trains, noises, emission of smoke, ringing of bells, éte. Our learned Brothers certify that:
“The sole question presented for instruction is whether the annoyance and discomforts, caused by the noises, emissions of steam, etc., incident to the management of railroad 'trains,…
2Cases cited4 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- McMahon v. St. Louis, Arkansas & Texas RailroadSupreme Court of Louisiana · 1889
- Mason City & Ft. D. R. v. WolfCourt of Appeals for the Eighth Circuit · 1906
- Griffin v. Shreveport & Arkansas RailroadSupreme Court of Louisiana · 1889
3Cited by11 opinions
- Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural ResourcesSupreme Court of Louisiana · 1986
- Harrison v. Louisiana Highway CommissionSupreme Court of Louisiana · 1939
- State ex rel. Department of Highways v. GarrickSupreme Court of Louisiana · 1971
- Louisiana Ry. & Navigation Co. v. SarpySupreme Court of Louisiana · 1910
- Schneidau v. Louisiana Highway CommissionSupreme Court of Louisiana · 1944
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