Xavier Realty, Ltd. v. Louisiana Ry. & Nav. Co

Citations

• 114 La. 484
• 38 So. 427
• 1905 La. LEXIS 492

Syllabus

<p>INJUNCTION — TRESPASS—DISSOLUTION-—APPEAL — PROHIBITION—EXPROPRIATION PROCEEDINGS.</p> <p>1. An injunction against a railroad company to restrain trespass on certain real estate and the unlawful use of streets contrary to city ordinances and to the injury of an abutting owner will not abate, as to the issue of prior trespass, by the subsequent expropriation of the property.</p> <p>2. When, in such a case, the railroad company moves to dissolve the injunction with or without bond on the ground that the price of expropriation had been paid, and the judge orders the dissolution on bond, and thereupon plaintiff in injunction moves for a suspensive appeal, prohibition will not lie to prevent the judge from granting the appeal, though such action would, on his part, be illogical, and inconsistent with his previous ruling.</p> <p>3. An injunction suit against trespass is no impediment or bar to subsequent expropriation proceedings or to the exercise of rights of property acquired thereunder.</p> <p>(Syllabus by the Court.)</p>