Louisiana Western R. v. Louisiana Cent. Land & Improvement Co.

Citations

• 119 La. 928
• 44 So. 732
• 1907 La. LEXIS 565

Syllabus

<p>1. Eminent Domain — Mandate oe Commissioners — Extent.</p> <p>Under Act No. 21, p. 258, of 1878, Extra Sess., incorporating the Louisiana Western Railroad Company, the mandate of the commissioners, who are to act in expropriation proceedings, is somewhat broader than that of the jury of property holders, authorized for similar proceedings, under the general law.</p> <p>2. Same — Appeal — Review — Excessive Awards.</p> <p>This court usually attaches great weight to the verdict of a jury of property holders assessing value and damage in an expropriation proceeding, and is disposed to extend a high degree of consideration to the report of commissioners appointed under Act No. 21, p. 258, of 1878, Extra Sess., but it is not permitted to close its eyes to patent errors that are brought to it, through the constitutional right of appeal, for correction, whether they be committed in expropriation or other proceedings, and verdicts and findings for excessive amounts will be set aside.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 18, Eminent Domain, § 685.]</p> <p>(Syllabus by the Court.)</p>