Louisiana Ry. & Nav. Co. v. Xavier Realty, Ltd.

Citations

• 115 La. 328
• 39 So. 1
• 1905 La. LEXIS 660

Syllabus

<p>1. Railroads — Right of Way — Necessity— Bcjbden of Pboof.</p> <p>A railroad company seeking to expropriate land for a right of way assumes the burden of proving the necessity in the particular case for the exercise of the power of eminent domain!</p> <p>2. Same — Want of Necessity.</p> <p>Where a city ordinance granting a steam railroad a right of way on the streets of a city was permissive, merely, and was not granted on condition that the route of the road should be along the streets, and it was established at the trial of a proceeding to condemn land privately owned for a right of way that the interest not only of the railroad company, but of the general public, would be subserved by not having the railroad tracks laid in the street, plaintiff was not deprived by the ordinance of the right to condemn the land in question because of want of necessity.</p> <p>3. Same — Damaqf.s.</p> <p>In proceedings to condemn land for a railroad right of way, defendant was not entitled in such proceeding to recover damages caused by the construction of the road sustained by property other than that directly involved in the proceeding.</p>