City of New Orleans v. New Orleans & Northeastern Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. _ 1. 3$oth parties to the suit being citizens of Louisiana, it can not be removed unless there is some Federal question involved. Conceding that defendant’s charter is a protected contract in the sense of the United States Constitution, and that the ordinance sought to be enforced is such a law as will impair its obligations, yet the facts do not contain such contention. State ex rel.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. _ 1. 3$oth parties to the suit being citizens of Louisiana, it can not be removed unless there is some Federal question involved. Conceding that defendant’s charter is a protected contract in the sense of the United States Constitution, and that the ordinance sought to be enforced is such a law as will impair its obligations, yet the facts do not contain such contention. State ex rel. City of Xew Orleans vs. N. O. & N. 35. R. R. Co., 42 An., p. 11. The mere allegation that the rights claimed by the petitioner herein…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
This is a suit under the provisions of Ordinance-No. 7488 of the city of New Orleans, which embodies a contract between the city of New Orleans and the defendant, to compel the-latter to a specific performance of certain obligations therein stipulated, relative to the building of an embankment or levee on Florida walk from the intersection of Peoples avenue to Fisherman’s Canal,, according to plans and specifications furnished by the city surveyor. The cost of the work is estimated at $50,000. The importance of the-work can not be denied,…
2Cases cited1 opinion
- Hennessy v. WoolworthSupreme Court of the United States · 1888
3Cited by13 opinions
- Girault v. FeuchtSupreme Court of Louisiana · 1906
- Pratt v. McCoySupreme Court of Louisiana · 1911
- Cockburn v. O'MEARACourt of Appeals for the Fifth Circuit · 1944
- Young v. CistacSupreme Court of Louisiana · 1925
- New Orleans Polo Club v. New Orleans Jockey ClubSupreme Court of Louisiana · 1911
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