City of Shreveport v. Noel

Citations

• 114 La. 187
• 38 So. 137
• 1905 La. LEXIS 437

Syllabus

<p>EXPROPRIATION PROCEEDINGS — TENDER—COSTS —VERDICT—REVIEW.</p> <p>1. By failing to tender before suit the true value of the property sought to be expropriated, the plaintiff in such suit incurs no other penalty than the obligation to pay costs. ,</p> <p>2. Civ. Code, art. 2637, and Rev. St. 1870, § 1486, apply to expropriation proceedings prose5 cuted for railroad and canal purposes, and do not apply to an expropriation suit, the purpose of which is to widen a public street.</p> <p>3. A jury in an expropriation case, as in any other case, is the judge of the credibility of the witnesses, and may determine as to the value of the testimony given by such witnesses, respectively; but its verdict, like the verdict of any other jury, must eventually be predicated upon the law and the evidence, and, where it entirely ignores the evidence, and rests its verdict exclusively upon the opinions of its members, such verdict, if manifestly erroneous, as judged by the evidence, will be set aside.</p> <p>(Syllabus by the Court.l</p>