Police Jury v. Robichaux

Citations

• 116 La. 286
• 40 So. 705
• 1906 La. LEXIS 498

Syllabus

<p>1. Bridges—Toll Bridges—Establishment.</p> <p>Act No. 67, p. 61, of Acts of 1855, authorizing the police jury of the parish of Lafourche and the municipal authorities of the town of Thibodaux to construct and maintain a toll drawbridge across the Bayou Lafourche and within the limits of said town, is still in force, not having been repealed, either directly or by necessary implication.</p> <p>2. Ferries—Powers of Police Juries.</p> <p>Police juries throughout the state have plenary powers with respect to the establishment of public ferries, bridges, and roads, and with respect to their abandonment or discontinuance, and may in their discretion convert a 'free bridge or road into a toll • bridge or road, and vice versa, and may operate a toll ferry or road directly or through their lessees. Plank Road v. Kline, 30 South. 854, 106 La. 325, reaffirmed.</p> <p>3. Injunction—Operation of Free Ferry —Police Jury.</p> <p>The police jury of a parish has the right to restrain by injunction the operation of a free ferry or bridge within the prohibited distance from a public toll bridge prescribed by statute or ordinance.</p> <p>4. Ferries—Free Pontoon Bridge.</p> <p>A free pontoon bridge, constructed and maintained by individuals, without warrant or authority of law, within a short distance of a public toll bridge, cannot be considered in the light of a private ferry. Blanchard v. Abraham, 40 South. 379, 115 La. 989, reaffirmed.</p> <p>5. Injunction—Parties—Police Jury.</p> <p>The police jury, as joint owner of a public toll bridge, need not join its co-owner, a municipal corporation, in an injunction .suit to restrain the operation of a free bridge constructed and maintained in violation of the statute and a prohibitory ordinance of the parish.</p> <p>(Syllabus by. the Court.)</p>