Legal Opinion

Landry v. McCall

Supreme Court of Louisiana

Decided January 15, 1848PublishedCited by 8 opinions

from the District Court of Ascension, Randall, J. cited Civil Code, arts. 651, 653, 656, 768, 770, 773. 12 La. 502. 13 La. 54. 14 La. 161. 19 La. 351, Duranton (Brus. ed.), vol. 3, pp. 56-7, nos. 164, 165. 3 Toullier, 374 (Paris ed.). Pailliet, (Brus. ed.) 210 — 212.

1Opinion of the Court

The judgment of the court was pronounced by

Rost, J.

The plaintiffs allege that the natural drain of their plantations is a bayou which runs across the plantation of the defendant, situated below their own, and that he has wilfully and maliciously obstructed this bayou, to their great damage and injury. They pray that he he ordered and condemned to remove the obstructions within the limits of his plantation, and adjudged to pay damages. The defendant admits in his answer that his land is subject to the servitude of receiving the waters that flow naturally on, to, and through it, from the lands…

2Cited by8 opinions

  1. Petit Anse Coteau Drainage Dist. v. Iberia & V. R.Supreme Court of Louisiana · 1909
  2. Freestate Industrial Development Co. v. T. & H., INC.Louisiana Court of Appeal · 1968
  3. Thibodeaux v. LandryLouisiana Court of Appeal · 1977
  4. Brown v. BlankenshipLouisiana Court of Appeal · 1946
  5. Coulee Kinney Drainage Dist. v. BroussardLouisiana Court of Appeal · 2007

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