Legal Opinion

McMahon v. St. Louis, Arkansas & Texas Railroad

Supreme Court of Louisiana

Decided October 15, 1889No. 244PublishedCited by 47 opinions

APPEAL from the First District Court, Palish of Caddo. Hieles, J. ;. Any act complained of that would amount to a trespass or interfere with the use óf real proimrby, is not bondable when enjoined.

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APPEAL from the First District Court, Palish of Caddo. Hieles, J. ;. Any act complained of that would amount to a trespass or interfere with the use óf real proimrby, is not bondable when enjoined. Marion vs. Johnson, 22 Ann. 512; O. P. 307 ; 14 Ami. 57; 7 Rob. 442; 12 Ami. 455; 24 Ann. 154; 20 Ann. 003; 36 Ann. 918, and casos cited. 2. Tlio trial judge erred in refusing to charge the jury as to the injunction and attorney’s foes. 5 Ann. 518 ; 11 Ann: 3032; 29 Ann. 571; 34 Ami. 61. 3. Tlio acts of defendant.wore in violation of prohibitory law. Constitution, Art. 156; R. C. 2626-7-8,2633; 34…

1Opinion of the Court

Tlio opinion of the Court, was delivered by

Fenner, J.

Plaintiffs are the lessees from tlie City of Shreveport of a certain lot of ground for an original term of ten years, of which about live years had expired at date of this suit. They owned a building constructed on said lot in which they conducted a wood and hide business.

They brought a suit against the defendant railroad company alleging that, against their protest, the said company had laid a railroad bed and track along Commerce street, which obstructed their trade and business and rendered their lease and buildings valueless; that these…

2Cases cited1 opinion

  1. Chicago v. TaylorSupreme Court of the United States · 1888

3Cited by47 opinions

  1. State Ex Rel. Department of Highways v. LevySupreme Court of Louisiana · 1961
  2. Housing Authority of Shreveport v. GreenSupreme Court of Louisiana · 1942
  3. Harrison v. Louisiana Highway CommissionSupreme Court of Louisiana · 1939
  4. West Jefferson Levee D. v. Coast QualitySupreme Court of Louisiana · 1994
  5. State, Dept. of Highways v. BitterwolfSupreme Court of Louisiana · 1982

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