The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-21
MULCTED and ENJOInED.
The Rights of a Railroad on 81.
Joseph Street.
"A Decision Affecting the Right of the
jackson Road to Run Steam
Cars Along st. Joseph
Street.

Yesterday Judge Rogers, In the Fifth District
Court. rendered an important decision, involv
Ing The right Of the Chicago, ut. Louis and new
Orleans Railroad Company to run cara, with
steam loeomotion, on ~. Joseph street 10 aho
from The levee. The decleion was the result OF
three suits severally entered and tried by
MeeerH John Finney T. L. BaTne and CHARLES
III. Dolsen. occupants of reeidencee fronting on
81. Joseph etreet and who claimed to have been
damaged by the running Of steam cars on the
track laid on the street. In tt at the foundations
of their houses were unsettled, the wale
cracked etc Judge Rogers yesterday decided
all three eaaee In favor OF the plaintiffs, award
Ing Messrp Finney and Barne each a7Bo. and
Doleen $500, the disparity In the award being
owing to difference In facts but the Issue re-
naming the same.
In the Gaze OF Dolsen. Judge Rogers gave his
reascne In full In the following language:
The result of the lseue In this controversy
depends upon the question OF authority on the
part OF defend aht TO the use Of eteam as mo.
tive power on 81. Joseph street. from Rampant
TO the river. In order to sustain thie right
council have most exhaustively relied upon
the powers of the municipal corporation TO
psa or Thee
undoubtedly. certain powers that OF necessity
pertain to the municipality. either from their
sxnteas mower conferred by the State. In the
flrat ~ tance ite police regulations. and In the
second instance when an authority ie given to
contract tbt, the power OF taxation Ia Inn
piled to obtain means wherewith the debt thus
contracted lie TO be paid.
II IL scarcely necessary herein TO consider
thspe ptopoRittunS because the grant relied
upon by defendant contained distinct prohibit
tion Tact No. ~. extra session 1870. The act
authorized the New orleans. Jacke9,n and Great
Northern knilroad to extend and maintain y
line OF track ON St. Joseph street. provided
eteam ehall not be used as motive power on De,
b w. be ac Of ta ey
IDENTIFY contemplated a condition of things en-
tirely different from mere police reputation
It appreciated a necessity for more perfect In
teratate commercial relation than that exciting
In 1870, and In extending the expression of The
the sovereign will, declared TO the agent the
manner In which II proposed TO beetow ita grant
l have read, with great care and with much
qualification the bt iefs flied In thta cause elab-
Grating ae they DO most exhaustive oral aIsu-
mept, Courts of Justice cannot ntep beyond the
province of Interpreting and enforcing the
10y without great danger ,, x pnh,' e order
6 ahe faii exercise Of his iurisdetion, be could
eaeis transform the temple into an engine Of
great oppression II he permitted hts interpre;;
. s expediency. There would be
much danger TO be apprehended II. In a case
Ike THE, the court should turn from the
statute to the general expression for CONNER.
cial prosperity urged by the defendants. The
court could only do so by ueurping the powers
ri the defendants were using st. Joseph street
BY come lawful grant the araument IN regard
t5 conHs nuential damages would not be diff
expressed It will be seen that have concluded
they are without authority TO uee steam as a
motive power and are clearly wrong deere, for
from doing.
In the present case however, plaintiff pur-
chased hie property after the defendants' com.
pany was In full operation. and, therefore. In n
matter Of Damage to his property ia entitled to
but email compensation; besides. the testi
mouy does not show much injury
The plea of prescription filed Ia overruled
AL claims for damages, except during the year
preceding the filing Of the auit. have been re-.
mitted.
Judgment for plaintiff for $3.50. interest and
coeta. and lot Injunction issue az prayed for.
The Injunction referred to was issued to pre-
vent the railroad company from the further
running OF steam cars along the etreet.