Louisiana Imp. Co. v. Baton Rouge Electric & Gas Co.

Citations

• 114 La. 534
• 38 So. 444
• 1905 La. LEXIS 502

Syllabus

<p>MUNIOIPAL CORPORATIONS — PAVING STREETS— LIABILITY OP ABUTTING OWNER— ESTOPPEL — NONSUIT.</p> <p>1. Act No. 10, p. 9, of 1896, empowering cities and towns (the city of New Orleans excepted) having a' population exceeding 10,000 to pave streets and to levy special taxes and contributions on abutting owners of real estate and railroads occupying a portion of the street, was, as to the city of Baton Rouge, repealed by section 35 et seq. of Act No. 169, p. 340, of 1898, incorporating said city, which provides that the cost of paving any street shall be borne by the city of Baton Rouge and the abutting owners of real estate in certain proportions.</p> <p>2. The mere silence and inaction of a street railway company while streets traversed by its tracks are being paved do not estop it to plead the absolute want of power and jurisdiction in a city council to levy a special tax against the company for street improvement. See Elliott, Roads and Streets, § 689. This doctrine is especially applicable to a case where the contract was let on the basis of payment by the city and abutters, and the evidence shows no benefits accruing to the railway from the work.</p> <p>3. Where a contractor for street improvements sues a street railway and a city on certificates of a city engineer that such railway owed certain amounts for paving, and no ordinance is shown authorizing the transfer of such certificates to the contractor, his alternative demand against the city will be dismissed as in ease of nonsuit.</p> <p>(Syllabus by the Court.)</p>