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

Citations

• 122 La. 572
• 47 So. 906
• 1908 La. LEXIS 499

Syllabus

<p>1. HUSBAND AND WIPE (§ 270*) — DAMAGES to Paraphernal Property.</p> <p>The husband who has the administration of the paraphernal property of the wife can stand in judgment in a suit for damages growing out of the diminution in the value of the property.</p> <p>[Ed. Note.' — Eor other cases, see Husband and Wife, Cent. Dig. § 972; Dec. Dig. § 270.*]</p> <p>On the Merits.</p> <p>2. Municipal Coeporations (§ 680*) — Rail-BOADS (§§ 76, 114*) — CONSTRUCTION — INJURIES — ACTIONS bob Damages.</p> <p>The testimony of witnesses regarding the extent of the diminution in the value of the property considered, and the amount of the damages fixed.</p> <p>Plaintiff sued the defendant road for damages for the diminution in value of a lot caused by the construction of the defendant road through a street. The street was obstructed by its embankment and track.</p> <p>The pleadings and the facts do not admit of a claim on the ground that defendant occupied the street beyond the terms of the ordinance granting the franchise.</p> <p>The municipality had the right to grant the franchise to the defendant company to construct its track through a public street.</p> <p>It did not grant to the defendant company the right to impair the value of property by its roadbed and track.</p> <p>There was. an impairment of value, and to that extent the defendant is liable.</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. § 1464; Dec. Dig. § 680;* Railroads, Cent. Dig. §§ 195, 809; Dec. Dig. §§ 76, 114.*]</p> <p>(Syllabus by the Court.)</p>