Louisiana Western R. v. Crossman's Heirs

Citations

• 111 La. 611
• 35 So. 784
• 1904 La. LEXIS 542

Syllabus

<p>EXPROPRIATION PROCEEDINGS—REPORT OF COMMISSIONERS—MODIFICATION —SETTING ASIDE.</p> <p>1. The charter of plaintiff company (Act No. 21, p. 263, of 1878) provides that' upon the report of the commissioners the judge of the district court shall confirm the report, “modify” it, or refer it back to the present or new commissioners.</p> <p>The word “modify” was not used in the sense of authority to increase the amount found by the commissioners.</p> <p>2. The report of commissioners, as with a verdict of a jury, may be set aside on the ground that the amount allowed is too much. It cannot, if deemed too small, be increased. This can be done only by the commissioners.</p> <p>3. On appeal the authority is not as restricted.</p> <p>(Syllabus by the Court.)</p>