New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-15
THE COURTS.

The attachment on the property of Wing
| field Il Bridges, coal Merchants obtained
on suit for $976, by McCloskey, Bigley &
Co.. in the Fourth District Court. was yes
terlay dissolved by Judge Theard on the
ground that the sales were made by the de-
PENDANTS in the regular course OF business.
and without intent to detraul their cred
itOrs.
The suit of n. Lomque against the Louisi-
ana Levee Company, lis for damages occa-
stoned, it is set up, by the negligence and
want of due diligence of the company. by
which the plantation Of the plaintiff. in ST.
John the Baptist parish, was overlooked.
The company denys its liability, on the
ground that the crevasse from which the
plaintiff suffered happened through 1.-The
wrongful acts of individuals" Judge Col
lens. of the Seventh District Court. coin
cided with the latter view Of the Ease. and
gave Judgment for defendant, on the main
ground that the crevasse was caused by the
act of an individual-a peghboring plant
, er-who cut the levee to let the water in
from the river upon his fields, and then
stopped it up in an unskillful manner.
Ii it be asked, says the Judge, where. in
the meantime, the responsibility would
have rested had not the crevasse been the
result of this wrongful act, the answer is: it
rested where it was before the Leyee Com
pany was incorporated. 1t rested on the
Legislature, as accountable only at the polls
to the people generally for negiectins to
pass good laws for protecting the country
from such calamities. The plaintiff must
share the fate of hundreds. whose crops
were swept away before his was. by similar
invasions of the waters Of the Mississippi.
In the case of tue New Orleans. Mobile
and Chattanooga railroad against the city
of New Orleans, George Pandely, Charles
A. Whitney, A. c. Hutchinson and the
Pontehartrain Railroad Company. Judge
DiDble has rendered Judgment in favor of
plaintiff, ordering that the writs issued
upon the original injunction and supple
mental petition obtained at the suit of said
plaintiff be made perpetual, and that the
city of New Orleans ct ais. be enjoined. pro
hlblted and restrained from in anv manner
interfering or obstructing the said plaintiff
in the construction or maintenance of It's
railroad upon and along the levee streets
and batture described and designated in
the acts of the General Assembly granting
such rights and privileges to said com
pany.
1t is also ordered that the Pontchartrain
Railroad Company be enioined from inter
tering with the plaintiff in laying and main !
tanning the track Of the New Orleans Mo- |
bile and Chattanooga railroad upon the |
space OF ground mentioned in the first sec |
ton of an act approved February 81, 1870, |
being the central banquettes or walking
avenues which line the space of fifty feet in |
the middle of Elysian Fields street, recov-
cred by Mr.. Bernard Marigny, and now
owned by the said Pontchartrain Railroad
Company. The right to proceed against
plaintiff, by damage or otherwise, is re-
served for said POntchartrain Railroad Com
pany, for the invasion of their private prop
erty by plaintiff at the junction of the Ievee
and Elysian Fields street.