Rabassa v. Orleans Navigation Co.
Supreme Court of Louisiana
Eastern Bis. APPEAL FROM THE COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. Louis Allard, the lessor of the plaintiff, received from the Orleans Navigation Company, for the annual rent of three thousand one hundred dollars, a verbal lease of the turnpike road along the north western margin of the bayou St. John, from the Metarie road to lake Pontchartrain.
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Eastern Bis. APPEAL FROM THE COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. Louis Allard, the lessor of the plaintiff, received from the Orleans Navigation Company, for the annual rent of three thousand one hundred dollars, a verbal lease of the turnpike road along the north western margin of the bayou St. John, from the Metarie road to lake Pontchartrain. Allard acquired the right to receive tolls on the road, as he alleged, according to the 13th section of the act of incorporation, by a written contract into which he entered with the Company. During the pendency of a suit by the Company…
1Opinion of the Court
The opinion of the court, Mathews, J. absent, was delivered by
Porter J. a verbal lease p4°hinoperative oomBraeAwsup-plied by oral testimony, or may operate in con-junctionTrith that part which is reduced to writing,
The petitioner states, that he is the sublessee of the defendants of a road, on which, by virtue of the 13th section of the act incorporating the Orleans Navigation Company, tolls -were receivable, that the Company through their agents have taken possession of the road, and by filling it up with soft marsh soil, have rendered it impassable. The damages sustained by the plaintiff…
2Cases cited1 opinion
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1830
3Cited by2 opinions
- Cassidy v. Holliman & SpiersLouisiana Court of Appeal · 1930
- Pontchartrain Railroad v. City of New OrleansSupreme Court of Louisiana · 1875