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PERRET v. LOUISIANA SOUTHERN RAILWAY COMPANY

No. 21318.

118 So.2d 510 (1960)

Clarence J. PERRET v. LOUISIANA SOUTHERN RAILWAY COMPANY.

Court of Appeal of Louisiana, Orleans.

March 7, 1960.

Attorney(s) appearing for the Case

Elmer R. Tapper, Arabia, La., for plaintiff and appellant.

J. Raburn Monroe, New Orleans, and Curtis, Foster, Dillon & Huppenbauer, E. E. Huppenbauer, Jr., and John C. Foster, New Orleans, for defendant and appellee.

REGAN, Judge.

Plaintiff, Clarence J. Perret, instituted this suit endeavoring to enjoin the defendant, Louisiana Southern Railway Company, from operating and maintaining a portion of track located on his property, designated as Parcels A and B of Lot G-25, asserting that the track was constructed by the railroad without any legal authority, and that its presence thereon depreciates the value thereof.

Defendant pleaded the exceptions of ratione materiae and...

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