BURAS ICE FACTORY v. DEPARTMENT OF HIGHWAYS

No. 42466.

103 So.2d 74 (1957)

235 La. 158

BURAS ICE FACTORY, Inc. v. DEPARTMENT OF HIGHWAYS OF the State of LOUISIANA.

Supreme Court of Louisiana.

On Rehearing May 26, 1958.


Attorney(s) appearing for the Case

W. Crosby Pegues, Jr., D. Ross Banister, Philip K. Jones, J. Elton Huckabay, Baton Rouge, for defendant-appellant.

Kenneth C. Barranger, Chalin O. Perez, New Orleans, for plaintiff-appellee.


HAMITER, Justice.

As sole and absolute owner of the Battistella Canal situated in Plaquemines Parish one Louis Battistella, on October 7, 1947, granted in writing to the Department of Highways of the State of Louisiana a right of way over and through the canal for the purpose of making highway improvements. In keeping with the grant a dirt embankment (containing a twenty-four inch culvert) for supporting a paved road was constructed across the waterway, thereby effectively...

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