Abney v. Texarkana, Shreveport & Natchez Railroad

Citations

• 105 La. 446

Syllabus

<p>Syllabus.</p> <p>1. In an expropriation suit the owner is entitled to adequate compensation. While great weight is due to the verdict of the jury, both the trial judge and the appellate court must be satisfied that the amount allowed is equal to the value of the land expropriated. The evidence of witnesses taken as a whole, the value of lands of the vicinity expropriated in other suits, and the price paid for the land and all facts and circumstances considered, sustain a decree for a larger amount than that heretofore allowed.</p> <p>2. The jurors after having heard the testimony regarding the number of acres of cotton destroyed, fixed it at less than claimed. Their estimate of the loss is taken as correct.</p> <p>3. The other claims of plaintiff for damages are considered as offset, as far as plaintiff may have any right, by the increase in value of plaintiff’s plantation brought about by the construction and operation of the defendant's railroad.</p>