Mansfield Northeastern R. v. Nabors

Citations

• 135 La. 807
• 66 So. 229
• 1914 La. LEXIS 1987

Syllabus

<p>1. Injunction (§ IDO — Expropriation—Enjoining Exercise of Right.</p> <p>Whore a railroad company had made no attempt and had expressed no intention of making any attempt to expropriate land, the landowner could not maintain an action to have it judicially determined that the railroad company had no right to exercise the powef of expropriation and to enjoin it from exercising such power.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. §§ 9-11; Dec. Dig. § 11.*]</p> <p>2. Injunction (§ 11*) — Grounds — Moot Question.</p> <p>In an injunction suit brought before a railroad company had sought to exercise the riaht of expropriation, whether it had such right could not be determined, even with the consent of the railroad comjJany, as the courts do not sit to pass upon moot questions, or to give advice to the litigants.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. §§ 9-11; Dec. Dig. § 11.*]</p>