Louisville & N. R. v. New Orleans Terminal Co.

Citations

• 120 La. 978
• 45 So. 962
• 1908 La. LEXIS 599

Syllabus

<p>1. Railroads — Salid under Decree — Bona Fide Purchaser — Contracts.</p> <p>An unrecorded agreement between two. steam railroads relative to the cost of maintaining a common crossing in a public street and' of furnishing all necessary appliances, including an interlocking signal system, is null and void as to a third corporation purchasing, without notice, the property and franchises of the debtor railroad corporation.</p> <p>2. Same — Railroads Crossing Other Roads —Expense.</p> <p>The ordinances of the city of New Orleans provide that the expense of maintaining common crossings in public streets shall be equally divided between street railroads crossing each-other, and shall be borne entirely by a steam railroad crossing a street railroad. By a parity of reason such expense should be divided equally between steam railroads crossing each other.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, § 245.]</p> <p>3. Eminent Domain — Appropriation—What Constitutes.</p> <p>The crossing of the plaintiff’s track by the rails and cars of the defendant was not an appropriation of the property of the former to the use of the latter, but a mode of exercising the-public right of transit over the street.</p> <p>4. Railroads — Crossing Other Roads — Expense.</p> <p>As plaintiff’s right of passage in the streets is subject to the rights of the public or of other railroads duly authorized by the municipality, to use the same streets in the exercise of the public right of transit, there is no basis in reason or equity for plaintiff’s demand on defendant for the entire cost of an appliance, required by law, for the protection of the public and both railroads against accidents at their common crossing.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, § 245.]</p> <p>(Syllabus by the Court.)</p>