Scovell v. St. Louis Southwestern R.

Citations

• 114 La. 847
• 38 So. 582
• 1905 La. LEXIS 552

Syllabus

<p>EIGHT OF WAT — ACTION TO RECOVER — TRIAL— APPEAL — REMAND.</p> <p>1. Plaintiffs claim the value of land in possession of the defendant company, and which forms part of its roadway.</p> <p>The construction of St. No. 96, p. 142, of 1896, and Act No. 227, p. 457, of 1902, and other acts is involved. The scope and effect of the cited statutes are at issue.</p> <p>2. The court decides that every phase of the case should be considered — especially questions of unconstitutionality, which have not heretofore been timely urged. The court decides that questions of consent or assent also formed part of the issues, and that other testimony, if offered and if admissible, should be heard.</p> <p>3.Gross trespass presents different questions from sanctioned possession.</p> <p>(Syllabus by the Court.)</p>