Buteau v. Morgan's Louisiana & T. R. & S. S. Co.

Citations

• 121 La. 807
• 46 So. 813
• 1908 La. LEXIS 752

Syllabus

<p>1. Railroads — Trespass — Actions Against Companies — Domicile.</p> <p>The prayer of plaintiff’s petition is that by reason of certain works alleged to have been done by the defendant company in a street in front of her property (alleged not to be a public street) and the running of cars thereon (alleged to be continuing acts) the said works be adjudged a nuisance and ordered taken away and defendant adjudged a trespasser.</p> <p>2. Same.</p> <p>On the face of the petition the acts recited set out as a cause of action either a trespass strictly such, or “a trespass on the case.” Defendant filed what it designated an “exception to the jurisdiction of the court ratione personae, in which it averred simply that it was a corporation having its domicile in the city of New Orleans.</p> <p>3. Same — Evidence.</p> <p>On the trial of the exception defendant was permitted over plaintiff’s objection to introduce in evidence an ordinance of the council of the town of Jeannerette granting permission to it to run cars over the street named, and on the strength of that ordinance the exception was sustained, and plaintiff’s suit dismissed.</p> <p>Held error. For reasons assigned the evidence should not have been received, neither should the exception have been sustained, nor the suit dismissed in limine.</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>