Foster v. City of New Orleans

The plaintiffs have appealed from a judgment rejecting their demand for damages and for the removal of a swimming pool in front of their property. The property belongs to Mrs. Julia Foster, but stands recorded in the name of the co-plaintiff, Aniceto Ruiz, as security for a debt.

The defenses pleaded by the city were.(1) an estoppel; (2) the prescription of one year; and (3) a denial that the swimming pool in front of plaintiffs’ property had caused them any loss or damage. The district court sustained the plea of estoppel. The two other defensés are reurged by the city in answer to the appeal.