Morgan's Louisiana & Texas Railroad v. Barton

Citations

• 51 La. Ann. 1338
• 26 So. 271
• 1899 La. LEXIS 572

Syllabus

<p>Syllabus.</p> <p>(1) The plaintiff in expropriation is entitled to an appeal on the issue of the-value of the property when he claims the value is excessive, although the party seeking the expropriation has not paid into court the amount fixed by the commissioners, or jury, that payment not being the condition for the appeal.</p> <p>(2) The court again affirms the appropriate weight of the finding of the commissioners, or jury, but this court will review the finding when in the light of the testimony the same as to value is plainly excessive.</p> <p>(3) The title of a legislative act to incorporate “the railroad corporation, and define its powers” covers the power to construct and extend short branch-roads connecting the main line with parishes ad.iacent to the main line.</p> <p>(4) So the title including the power to expropriate, will be deemed to cover the method of expropriation prescribed by the statute.</p> <p>(5) The court construes the plaintiff’s charter (Acts 1877, Reg. Session, p. 137) to authorize the construction of branch roads on its main line from New Orleans.</p>