Swayze v. City of Monroe

Citations

• 116 La. 643
• 40 So. 926
• 1906 La. LEXIS 544

Syllabus

<p>1. Municipal Corporations—Markets—Occupants op Stalls.</p> <p>The occupant of a stall in a public market is not necessarily a mere licensee. The document evidencing the lease recites that the stall was to be held under a lease for a daily rental to be paid and, which has been paid.</p> <p>[Ed. Note.—Por cases in point, see vol. 36, Cent. Dig. Municipal Corporations, §§ 1538, 1539.]</p> <p>2. Same—Rights op Lessee—Telephones.</p> <p>While the municipal council has broad discretion in controlling and regulating public markets, it has no authority to prevent the lessee of a stall from employing telephonic service for his account, provided the rights of others are not affected and the legitimate ordinances of the municipality are not disregarded or violated.</p> <p>3. Same.</p> <p>To the extent that plaintiff is personally concerned, he is entitled to relief.</p> <p>(Syllabus by the Court.)</p>