State ex rel. Boagni v. Colorado Southern, N. O. & P. R.

Citations

• 120 La. 9
• 44 So. 905
• 1907 La. LEXIS 600

Syllabus

<p>1. Railroads — Cattle Guards and Crossings — Duty to Install.</p> <p>Where the right of way has been secured by expropriation, the duty of the railroad to install cattle guards and crossings results, not from contract, but from law.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. yol. 41, Railroads, § 315.)</p> <p>2. Mandamus — Subjects and Purposes oe Relief — Clear and Unequivocal Duty— Installation of Cattle Guards.</p> <p>Mandamus is not the proper remedy for enforcing the duty to install cattle guards and crossings, when there is serious difference between the parties as to whether the cattle guards and crossings in question are necessary. Mandamus issues only in cases where the duty sought to be enforced is clear and unequivocal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, § 266.)</p> <p>On Rehearing.</p> <p>3. Same.</p> <p>Where, in a mandamus suit against a railroad company by the proprietor of land traversed by the railroad to compel the installation of cattle guards, it is admitted that some of the cattle guards in question are necessary, but it is seriously contended that the others are not necessary, the mandamus will be made peremp-; tory as to those of the cattle guards admitted to be necessary, and the suit will be dismissed as to the others, with reserve of right to bring an ordinary suit.</p> <p>(Syllabus by the Court.)</p>