Knight v. Carrollton Railroad
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, J. The owner of a lot in a town has a right to the free use of a street. It is a nuisance to obstruct it, and the owner of the lot may maintain a suit to abate such nuisance and to recover damages. The right of the public authorities to act in such a case, does not divest the right of the lot holder.
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APPEAL from the Fifth District Court of New Orleans, Buchanan, J. The owner of a lot in a town has a right to the free use of a street. It is a nuisance to obstruct it, and the owner of the lot may maintain a suit to abate such nuisance and to recover damages. The right of the public authorities to act in such a case, does not divest the right of the lot holder. The defendants have, in violation of plaintiff’s right, and in defiance of the municipal authority, put down their switch under circumstances which show they were acting improperly. The defendants made their switch into and upon a…
1Opinion of the CourtSlidell, C. J.
The right of making a turn-out to communicate with the depot on Nayades street, was a necessary incident to the use of the Railroad, and was recognized in the decision in 1 An. 128.
From an inspection of the plan offered in evidence by the defendants, and which is shown to be more accurate than that annexed to the plaintiff’s petition, it appears that the whole of the track is within the parallel side lines of Nayades street, although it is true that by reason of the intersection of Nay-ades and Calliope streets, a portion of the ground crossed by the track, may be said to be common ground,…
2Cited by2 opinions
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