Legal Opinion

New Orleans, City & Lake Railroad v. City of New Orleans

Supreme Court of Louisiana

Decided May 15, 1892No. 11,032PublishedCited by 2 opinions

APPEAL from the Civil District Oourt for the Parish of Orleans. Monroe, J. 1. Franchises to construct and maintain street railways, when acquired for value, constitute property in the highest sense of the term, and can not be impaired or taken away except under the exercise of the power of eminent domain. 32 An., p. 915; People vs. O’Brien, ill N. Y., p. 1; Pierce on Railroads; Elliott on Streets and Roads; Dillon on Municipal Corporations; 73 Iowa 502 ;*33 Northwest.

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APPEAL from the Civil District Oourt for the Parish of Orleans. Monroe, J. 1. Franchises to construct and maintain street railways, when acquired for value, constitute property in the highest sense of the term, and can not be impaired or taken away except under the exercise of the power of eminent domain. 32 An., p. 915; People vs. O’Brien, ill N. Y., p. 1; Pierce on Railroads; Elliott on Streets and Roads; Dillon on Municipal Corporations; 73 Iowa 502 ;*33 Northwest. Reporter, 610. References and authorities cited in the brief. 2. A stipulation in a contract of sale of right of way, based…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

This is a suit by injunction to prevent the city from selling a right of way for a sreet railroad over a certain portion of Magazine street, the plaintiff claiming that the proposed sale vio - lates the following stipulation in the subsisting contract between it and the city:

“ The Oity of New Orleans binds herself not to grant during the period for which said franchises are sold a right of way to any other railroad company upon the streets through which said right of way is hereby sold, unless by mutual agreement between the city and the…

2Cases cited1 opinion

  1. People v. . O'BrienNew York Court of Appeals · 1888

3Cited by2 opinions

  1. Greater Baton Rouge Port Commission v. Cargill, Inc.Supreme Court of Louisiana · 1968
  2. Greater Baton Rouge Port Commission v. Cargill, Inc.Supreme Court of Louisiana · 1968

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