Legal Opinion

Xavier Realty, Ltd. v. Louisiana Ry. & Nav. Co

Supreme Court of Louisiana

Decided April 12, 1905No. 15,626PublishedCited by 5 opinions

Action by the Xavier Realty, Limited, against the Louisiana Railway & Navigation Company. Judgment for defendant, and plaintiff moves for a specific appeal, and defendant applied for writs of certiorari, prohibition, and mandamus.

1Opinion of the CourtLand, J.

Plaintiff, claiming the ownership and possession of a large number of squares of ground in the city of New Orleans, enjoined defendant railway from trespassing thereon, and also from making embankments and excavations in the contiguous streets, contrary to city ordinances.

The railway company, thereupon, brought an expropriation suit, claiming 10 of the squares for its right of way, yards, etc. The Xavier Company, in its answer, set up the same matters alleged in its petition for injunction and prayed that the expropriation be denied, and, if allowed, that the railway company be condemned to…

2Cases cited3 opinions

  1. State ex rel. Cotting v. SommervilleSupreme Court of Louisiana · 1900
  2. New Orleans Water-works Co. v. OserSupreme Court of Louisiana · 1884
  3. State ex rel. Capitol City Oil Mills Co. v. MonroeSupreme Court of Louisiana · 1897

3Cited by5 opinions

  1. Schneider v. SchneiderSupreme Court of Colorado · 1906
  2. Matthews v. N. O. Public Service Inc.Louisiana Court of Appeal · 1928
  3. Xavier Realty, Ltd. v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1905
  4. Lumberman's Bank & Trust Co. v. De Ridder Light & Power Co.Supreme Court of Louisiana · 1922
  5. Xavier Realty, Ltd. v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1905

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