East Louisiana Railroad v. City of New Orleans
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. Ellis, J. The city of biew Orleans had ample legislative authority to grant the plaintiff the right of way in question.
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APPEAL from the Civil District Court, Parish of Orleans. Ellis, J. The city of biew Orleans had ample legislative authority to grant the plaintiff the right of way in question. Section 8 of Act No. 20 of 1882, paragraph 13; Art. 243, Constitution of 1879; Sec. 689, Revised Statutes; Duplessis vs. Brown, 14 An. 842. The plaintiff does not operate a street railroad, and the grant does not cover such a franchise; hence, the Act 135 of 1888, requiring street railway franchises to be sold at auction, does not apply. Booth’s Street Railway Law, Sec. 1. The grant having been lawfully and…
1Opinion of the Court
The opinion of the court was delivered by
McEnerv, J.
The plaintiff company has its domicile in the parish of St. Tammany, and operates a railroad from Pearl River Station, on the line of the New Orleans & Northeastern Railroad Company, to Covington, in said parish, and a branch to Mandeville, and has thirty-six miles of road in active use.
The charter of the company confers the power upon the directors to extend the road to points in Mississippi and Louisiana.
By an arrangement with the Northeastern Railroad Company, it runs its trains over that road to the city of New Orleans, at its terminus…
2Cases cited1 opinion
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
3Cited by6 opinions
- Department of Highways v. Southwestern Electric Power Co.Supreme Court of Louisiana · 1962
- Shreveport Traction Co. v. City of ShreveportSupreme Court of Louisiana · 1908
- Capdevielle v. New Orleans & S. F. R.Supreme Court of Louisiana · 1903
- Louisiana Western R. v. City of CrowleySupreme Court of Louisiana · 1917
- Gill v. City of Lake CharlesSupreme Court of Louisiana · 1909
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