Shreveport Traction Co. v. Kansas City, S. & G. Ry. Co.
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; Thomas Fletcher Bell, Judge. Suit by the Shreveport Traction Company to expropriate from the Kansas City, Shreveport & Gulf Railway Company a crossing over the latter’s right of way. From a judgment declaring the right of plaintiff to cross and fixing the amount to be paid defendant, ■defendant appeals.
1Opinion
*777On Rehearing.
LAND, J.
The sole demand of the plaintiff corporation is for a crossing over the right of way of the defendant corporation. No express legislative authority is required in- such eases.
“In the construction of railways it necessarily occurs that highways and other railways must be crossed, and, although the power is not expressly giver, it is necessarily inferred.” Wood, Railway Law, p. 703, quoted in Railroad Co. v. Railroad Co., 48 La. Ann. 860, 19 South. 869; 15 Cyc. 621.
Article 271 of the Constitution of 1898 provides that “every railroad company shall have the right with its…
2Cases cited1 opinion
- Crescent City Railroad v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1896