Kuhl v. St. Bernard Rendering & Fertilizing Co.

Citations

• 117 La. 86
• 41 So. 361
• 1906 La. LEXIS 647

Syllabus

<p>1. Nuisance — Track in Public Street — Suit by Taxpayer.</p> <p>A tram or rail way tr^ck constructed on a public street, or highway, by an individual, for his own use, whether with, or without, the authority of the police jury, may be decreed a nuisance, at the suit of a citizen and taxpayer •whose personal comfort and property rights are thereby affected.</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent. Dig. Nuisance, §§ 164^-169.]</p> <p>2. Same — Liability for Damages.</p> <p>One who conducts a business, even though otherwise lawfully, in such a manner as to inflict unnecessary injury upon others, is liable in damages, and, a fortiori, is he liable when the business is unlawfully conducted in other respects as well?</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent. Dig. Nuisance, § 6.]</p> <p>(Syllabus by the Court.)</p>