Shreveport & Red River Valley Railway Co. v. St. Louis & Southwestern Railway Co.

Citations

• 51 La. Ann. 814
• 25 So. 424
• 1898 La. LEXIS 592

Syllabus

<p>Syllabus.</p> <p>A railroad corporation having secured a franchise and right of way for the purpose of constructing its tracks upon a locus pubUous of a city, has the right to expropriate from another railroad corporation sufficient clearance space to enable if to pass its trains free of obstructions and hindrances from the latter, i£ the use thereof be not of such a character as to be indispensable to the movement and operation of its own trains or its other business.</p> <p>On Rehearing.</p> <p>The use of a team track and delivery space of a railroad company was not shown so esential as that it would result in impairing defendant’s franchise and use, in case another railroad is permitted to use three feet for clearance space, which clearance does not interfere with the running of defendant’s train, nor to an irremediable extent with the use of defendant’s team track and delivery space.</p>