Daublin v. Mayor of New-Orleans
Supreme Court of Louisiana
The Plaintiff stated he was in possession a lot of ground in the faubourg St. Mary, whereupon he had built a house and defendants sent the formats or galley, slaves, who pulled down and destroyed the house and drove off the plaintiff from the premises. The defendants admitted the demolition of the house by their order, but justified it on the ground, that it was a new house, and was built in one of the streets of the said faubourg.
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The Plaintiff stated he was in possession a lot of ground in the faubourg St. Mary, whereupon he had built a house and defendants sent the formats or galley, slaves, who pulled down and destroyed the house and drove off the plaintiff from the premises. The defendants admitted the demolition of the house by their order, but justified it on the ground, that it was a new house, and was built in one of the streets of the said faubourg. Issue being joined : The city-surveyor proved, that hearing that the plaintiff was building a house in the street he went on the premises, and drew .he line of the…
1Opinion of the Court
By the Court,
Martin J. alone.
There is no necessity to determine whether according to the laws of this territory a nuisance may be abated by any individual.
The ordinance of the corporation is not repugnant to the constitution of the U. S. nor to any of the laws of the Territory.
The Spanish Laws quoted by the plaintiff’s counsel relate only to lands belonging to the corporation, as their private property.
Streets are not the property of any one, they belong to the whole community. They are not the property of the corporation, for if they were the corporation could exclude the whole world from…
2Cited by4 opinions
- City of New Orleans v. Le BlancSupreme Court of Louisiana · 1915
- Compton v. Waco Bridge Co.Texas Supreme Court · 1883
- Cook v. City of OpelousasLouisiana Court of Appeal · 1925
- State ex rel. Ruddock Orleans Cypress Co. v. KnopSupreme Court of Louisiana · 1920