Bradley-Ramsay Lumber Co. v. Perkins

Citations

• 109 La. 317
• 33 So. 351
• 1903 La. LEXIS 387

Syllabus

<p>APPEAL — REVIEW—MUNICIPAL ORDINANCES— —RAILROAD AID — SPECIAL TAX — CONDITIONS SUBSEQUENT.</p> <p>1. A judgment will not be reviewed in this court at the instance of a litigant who has neither appealed, nor asked for an amendment.</p> <p>2. Municipal ordinauees otherwise valid may, like the acts of the legislature, be adopted to take effect in the future, and upon the happening of a contingent event.</p> <p>3. Where a special tax has been voted by a few wards in a parish in aid of the construction of a standard-gauge railway, which is to traverse the state and connect with roads beyond its limits, the fact that the aided company buys a narrow-gauge logging road, already in existence, covering an insignificant proportion of the whole distance, and converts it, pro tanto, into the standard-gauge road to be built, will not defeat the right of such company to the tax.</p> <p>4. An agreement between taxpayers and a railroad company which has obtained aid, by means of a special tax, for the construction of a road to extend across the state, to the effect that the company is to construct and maintain at a particular place “its repair shop and roundhouse,” cannot reasonably be construed to mean that it should construct and maintain but one repair shop and one roundhouse on its line, and in such case the character of the shop and roundhouse called for by the contract is to be determined by the requirements df the road.</p> <p>(Syllabus by the Court.)</p>