Fontenot v. Colorado Southern, N. O. & P. R.

Citations

• 122 La. 779
• 48 So. 205
• 1909 La. LEXIS 608

Syllabus

<p>Rah roads (§ 114*) — Use of Street — Rights of Abutting Owner — Damages.</p> <p>Defendant company was by the council of the city of Opelousas granted the privilege of running its trains through a certain street in that city. Under that permission it threw up an embankment, which obstructed the street and greatly affected the values of the properties abutting thereon. The plaintiff, instead of opposing the constructions as made, under article 850 et seq., of the Revised Civil Code, acquiesced in the same and sought to recover damages from the company. Judgment having been rendered against it, it has appealed, claiming that the amount awarded is too large. The judgment appealed from is affirmed. Exemplary damages are disallowed. Lewis v. Colorado Southern & New Orleans R. R. Co., 47 South. 906, ante, p. 572.</p> <p>[Ed. Note. — Por other cases, see Railroads, Cent. Dig. §§ 351, 370; Dec. Dig. § 114.*]</p> <p>(Syllabus by the Court.)</p>