Overton v. United States
United States Court of Claims
The Reporters’ statement of the case: The averments of the petition to which the defendants demurred will be found sufficiently set forth in the opinion of the court. The local law provides: “ Servitudes imposed for the public or common utility relate to the space which is to be left for the public use by the adjacent proprietors on the shores of navigable rivers, and for the making and repairing of levees, roads, and other public or common works.”
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The Reporters’ statement of the case: The averments of the petition to which the defendants demurred will be found sufficiently set forth in the opinion of the court. The local law provides: “ Servitudes imposed for the public or common utility relate to the space which is to be left for the public use by the adjacent proprietors on the shores of navigable rivers, and for the making and repairing of levees, roads, and other public or common works.” (Civil Code of Louisiana, art. 664.) _ _ This law has been variously interpreted and applied by different courts, at different times, and under…
1Opinion of the Court
Peelle, Ch. J.,
delivered the opinion of the court:
The defendants demur generally, “that the petition does not allege facts sufficient to constitute a cause of action,” and specifically that the facts alleged in said petition are insufficient “ to constitute a cause of action as to any one of the items therein contained.”
The material averments of the petition are that the claimants are the owners of 80 acres of land in Tensas Parish, La., near Hardtimes Landing, on the Mississippi River, about 45 miles below Vicksburg, Miss., bounded on the west by the Lake St. Joseph, which land was before…
2Cases cited22 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. LynahSupreme Court of the United States · 1903
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Leloup v. Port of MobileSupreme Court of the United States · 1888
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
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