O'Rourke v. City of New Orleans

The opinion of the court was delivered by

Breaux, J.

Plaintiff in injunction sought to restrain the defendants from tearing down a building of which he is the owner.

With reference to the facts, we are informed by the evidence that the city engineer, Mr. Bell, made an examination of this building, but did not condemn it at the time. The engineer, acting as he had a right to do, upon the report of one of the assistants in his office (and not upon personal re-examination after his first examination, some six months previous), notified the Commissioner of Public Works that plaintiff’s building was…