City of Shreveport v. Shreveport Belt Railway Co.

Citations

• 107 La. 785

Syllabus

<p>Syllabus.</p> <p>1. The difference between plaintiff and defendant grows out of the measurement of defendant’s “ road-bed ” in order to fix proportion of cost of paving due by defendant to plaintiff.</p> <p>2. The statute looks only to the “ road-bed ” in fixing the amount. Plaintiff’s contention is that this “ road-bed ” is seven feet wide, the defendant’s that It is less. When ties are used, the rail rests on the inside and outside of the track the length of the ties. When girders or sleepers are used, the width of the “ road-bed ” is less. The “ road-bed ” consists of the foundation on which the superstructure rests. The rails are the superstructure and rest on the girders.</p> <p>3. The proportion of the space being limited to the “ road-bed,” the court holds that it is without authority to take the outside of the track into account on the ground that the road is benefited by the adjacent pavement. “ Road-bed ” owes the proportion of cost of paving. This does-not include part of the adjacent roadway on which rails do not rest.</p>