Oliff v. City of Shreveport

Citations

• 52 La. Ann. 1203

Syllabus

<p>Syllabus.</p> <p>1. Though a railroad be a “highway” it is not a “public road” In the sense that the general public have the legal right to pass at will along its right of way. A bridge built by a railroad corporation on its line of way, over a navigable stream, is not open to travel over it by the general public, though it may have been constructed in such a manner as to admit of the same.</p> <p>2. Where the common council of a city and the police jury of a parish authorized to establish ferries, regulate tolls and divide revenues, entered into an agreement with a railroad corporation, whereby, in consideration of the former paying the increased cost of construction, and binding themselves to • pay a certain fixed proportion of cost of police maintenance and reconstruction in the future of a bridge which the railroad company proposed to build over a navigable river, the latter would construct the same in such a manner as to adapt it as a roadway for vehicles and passengers, and the former should have the right of using the roadway as a bridge ferry over the river, the parties to such an agreement did not thereby become Joint-owners of the bridge. The railroad corporation remained the owner of the bridge in ’entirety, subject to a partial use of the bridge under the terms and conditions of the contract.</p> <p>3. Where in such a contract the railroad company consented to receive payment of the amounts due to it from tolls to be collected by the city and parish for-crossing the bridge, the right of the latter to collect such tolls is not held under a derivative right under the contract from the railroad company, but by virtue of their grant of right to establish ferries and regulate tolls.</p> <p>4. Á contract of the character stated is subject to be ended by a judicial decree for non-compliance with its terms and conditions, or by the common consent of the city, the parish and the railroad company. The bridge is not under such a contract dedicated to public use