New Orleans Terminal Co. v. Teller

Citations

• 113 La. 733
• 37 So. 624
• 1904 La. LEXIS 701

Syllabus

<p>EXPROPRIATION — EXCEPTIONS TO THE MERITS— APPEAL — HARMLESS ERROR — CORPORATION — ACTION—PARTIES.</p> <p>1. The court again animadverts upon the deplorable practice of referring to the merits exceptions that do not involve the merits.</p> <p>2. Especially should not such exceptions be referred to the jury of freeholders, whose jurisdiction is special, and extends to those questions alone which the law directs shall be submitted >to it.</p> <p>3. Not every error will furnish sufficient ground for setting aside a judgment and ordering another trial. There must be prejudice to the appellant, and the prejudice must be such as cannot be remedied on the appeal.</p> <p>4. A corporation can sue in its own name, without any necessity of designating its president or any of its other officers in the petition.</p> <p>5. Private property can be expropriated under the eminent domain power only for a public purpose. Hence the defendant in an expropriation suit may always raise the question of whether the purpose for which his property is •sought to be expropriated is public in its nature. Whatever may be the reason why the purpose is not public, it may be shown.</p> <p>(Syllabus by the Court.)</p>