The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-12
FIFTH DISTRICT COURT,
SUIT FOR sEvENTY-FIvE THOUSAND DOLL

SUIT FOR SEVENTY FIVE THOUSAND DOLLARS
Abraham Bass w. State of Louisiana
Abraham Bass IL resident of the parish of
East Carroll, filed a petition in this court
justly indebted to him for $4,000 damages
caused to his plantation, called the "PoInt
Lookout Place by the location of the Bass
ievre IN the rear OF his plantation. He claims
that he action of the board of engineers was
illegal, and that the State is responsible to
him for all damages suffered by fis planta
ton from the location of said levpe.
He shows that the State, through it's said
officers, agents or employees. in pursuance of
act No. 40 of 1877, located and built the
| lower line of said levee entirely in the rear of
petitioners plantation and Joined the same to
the old levee below Point Lookout, thus not
only throwing out petitioners plantation, but
obstructing the natural flow of waters back
into the buyou and swamps in the rear there
of, and thereby causing the water to back up
and entirely Overfl wv his plantation, which is
now, and has been for six weeks, entirely
inundated Notwithstanding this is not a
plantation, from its peculiar location, is
not otherwise liable to inundation. Pc
titioner shows that Point Lookout, on
which his plantation is located, is high
strip of land in a bend of the river that has
not OVERLOOKED for quarter of a century;
that the levees extending along the front are
in fine condition, and perfectly safe (the land.
however, being SO high that but little Ievee is
required, and that his said plantation is so
situated that 1t is not liable to ove, flow from
any crevaSse that may occur above or below
it; as an evidence of the truth of this asser-
ton petitioner shows that his plantation was
entirely exempt from overflow, and produced
a crop of 800 bales of cotton and a large corn
crop last year. notwithstanding it was a Pc
Rod Of extraordinary high water, and the
great Bass crevasse, just above it, was open,
discharging vast quantity of water.
Petitioner shows that his legal rights have
been invaded by the State; that the loca-
ton and construction OF said levee in the
rear of his said plantation was illegal;
that it was unnecessary to secure the country
from overflow; that whether necessary or not
for the purpose stated the State had no right
to obstruct the natural flow of the waters and
and almost total loss OF petitioners large and
valuable plantation, thereby reducing him
from comparative wealth to abject poverty.
Petitioner shows that his said plantation
contains 3400 acres, known by official SURVEYS
as lots from II to 81 inclusive, and fractional
sections 81 and 60, township 20, range 10 east
that OF this 1000 acres were In high state of
cultivation, having steam gin and saw MILL
corn cribs, cotton houses fencing and all nee
essary improvements for cotton plantation
of the kind that upon the said plantation of
petitioner he had, when the overflow occurred
from the cause stated, some six weeks ago
upward Of ninety laborers, with large sup
ply of mules, corn wagons plantation I'M
PIGMENTS, everything necessary to make q
crop Of 1000 bales of cotton but on ac-
count count Of the inundation which occurred
fore the river had reached STAGE e. b b9
water the laborers were compelled to abandon
the plantation, and petitioner was compelled
to remove his personal property aforesaid in
order. to prevent 1t being entirely lost in the
overflow. Petitioner shows that by the levee
aforesaid in the rear of his plantation this
overflow has occurred, and he has been dam
aged twenty-five thousand dollars in the loss
Of his crop and the breaking up of his plant
Ing arrangements; that the damage to his
and the rendering OF his plan |
tation incapable of cultivation hereafter on
account of overflow resulting from said levee,
have caused petitioner to sustain, by the al |
legged acts of the State aforesaid. a further loss
OF fifty Thousand dollars.
Petitioner shows that by no act or fault of |
his, but by the illegal act of the State in caus-
ing this levee to be constructed in the rear of |
his said plant alton, he had sustained all these
damages, and has lost the earnings or accu-
mulati,'ns OF his life; that but for said levee
he would be to-day in the enjoyment of his
fortune, the owner of one of the finest cotton
plantations on the Mississippi river In high |
state of cultivation, with laborers, mules,
corn, Implements and everything t
1000 bales; as it is, his plantation ir is
flows. This crop is lost, and all his his
improvements are doomed
to utter ruin; that the net annual
revenue of his said plantation was worth |
SIS, 600. Petitioner shows that he made ap-
plication to the General Assembly for relief, |
and by act No. 80 of the last session annexed
hereto marked A and made part hereof, they |
authorized him to sue the State in any dis
trict court of the parish of Orleans, for any
cause OF action growing out of the construc-
lion and repair Of the Bass ievee, in said par
sh of East Carroll, by which he claims to
ti ann and citation tn be made sn on tha pe,
Wherefore petitioner prays that Francis 7. /
Nichols, Governor, be served with copy here
of, and duly cited to answer ninety days after
service thereof, and on trial he recover judg-
nent against the State of Louisiana for s75,-
700 damage, with legal interest from judicial
demand, aud all costs.
w. G. WHY,
THOS. j. SEMMEs,
OF counsel.