Buras Ice Factory, Inc. v. Department of Highways

On Rehearing

McCALEB, Justice.

Due to the unusual features of this case, we granted a rehearing to reconsider our rulings (1) that neither plaintiff nor its *177predecessors in title acquired a conventional servitude of passage over the Battistella ■Canal; (2) that the canal was privately ■owned by Arthur Battistella and was never ■dedicated to public use and (3) that, consequently, plaintiff is not entitled to recover the business damages it has sustained in being deprived of the use of the Battistella Canal for its customers resulting from the construction across the canal of a paved road…