Hill v. Chicago, St. Louis & New Orleans Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lazarus? J. 1. The council of the city of Hew Orleans has the authority to grant to railroad companies the privileges of using the streets.
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APPEAL from the Civil District Court for the Parish of Orleans. Lazarus? J. 1. The council of the city of Hew Orleans has the authority to grant to railroad companies the privileges of using the streets. Tilton vs, E. E. Co., 35 Ann. 1062; 27 Pa. 354. 2. Act Ho. 78 of the extra session of 1870 provides that the defendant company shall have the right of way for the purposes of its railway — provided, steam shall not be used as a motive power on Delord'or St. Joseph street from Eampart street to the levee. 3. The grant of power in the city charter is, by operation of this statute (Act Ho. 78)…
1Opinion of the Court
The opinion, of the Court was delivered hy
Fenner, J.
Plaintiff, an extensive property holder on St. Joseph street in this city, averring that the defendant, “ without any warrant of law or color of lawful authority,” is and has beeu engaged in run*601ning steam locomotives and heavy trains of freight cars along railroad track operated by it on said street, thereby obstructing the ordinary use of the street, polluting the atmosphere with clouds of smoke, soot and dust, shaking and cracking the walls and ceiling óf his houses, thus injuring the same and impairing the value of his property, and…
2Cases cited1 opinion
- Price v. HopkinMichigan Supreme Court · 1865
3Cited by6 opinions
- Devoke v. Yazoo M. v. R. Co.Supreme Court of Louisiana · 1947
- New Orleans Gaslight Co. v. Drainage CommissionSupreme Court of Louisiana · 1903
- Kendall v. People's Gas & Fuel Co.Louisiana Court of Appeal · 1935
- Hero Lands Co. v. Texaco, Inc.Louisiana Court of Appeal · 1974
- Morris v. PutsmanSupreme Court of Louisiana · 1928
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