Opelousas, Gulf & N. E. Ry. Co. v. St. Landry Cotton Oil Co.

Citations

• 121 La. 796
• 46 So. 810
• 1908 La. LEXIS 750

Syllabus

<p>1. Eminent Domain — Expropriation— Proceedings to Take — Appeal—Review of Verdict.</p> <p>The verdict of the jury in an expropriation suit, although entitled to great weight, is subject to amendment on appeal when it is clearly contrary to the weight of the evidence.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 18, Eminent Domain, § 685.1</p> <p>2. Same — Compensation, Elements oe.</p> <p>In a suit to expropriate a railroad right of way, the defendant is entitled to adequate compensation for the land actually taken, and to damages for the actual diminution in sale or rental value of the remainder of his property, but not for inconveniences and loss of business.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 18, Eminent Domain, §§ 271-277.]</p> <p>3. Same — Costs—Just Fees.</p> <p>Plaintiff in an expropriation suit is not taxable, in the absence of special statute, with the cost of the per diem and mileage of the jurors serving in the case.</p> <p>LEd. Note.' — For cases in point, see Cent. Dig. vol. 18, Eminent Domain, §§ 690-693.]</p> <p>On Rehearing.</p> <p>4. Same — Liability oe Pakish.</p> <p>In proceedings taken for the purpose of expropriating property by a public utility corporation, there is no law under which the parish in which the suit is brought can be held for the fee of the jurors summoned to try the case.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 18, Eminent Domain, § 691.]</p> <p>5. Costs — Dependent on Statute.</p> <p>The parish is a third party. Costs and fees in proceedings in court are dependent upon the statute.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Costs, §§ 1-5.]</p> <p>6. Eminent Domain — Costs—Statutes.</p> <p>The court made researches to find a law under which plaintiff or defendant could be held for the fee of jurors in an expropriation suit and found none.</p> <p>7. Same.</p> <p>The general law in civil suits, differently drawn from the method followed in drawing a