Benton v. Parish of East Carroll

Louisiana Court of Appeal

Benton v. Parish of East Carroll

1 Gunby 42

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 42 (Benton v. Parish of East Carroll) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benton v. Parish of East Carroll, 1 Gunby 42 (La. Ct. App. 1885).

Pincite

Opinion

Mayo, J.

There is a well defined distinction between political and public or private corporations, and the rule is well settled that the people are riot bound, in their corporate capacity for the torts of the officers of Counties or Parishes. Dillon on Corporations, 31, 718, 719.

2. Where plaintiff sues the Parish for damage done to his team by the falling of a bridge on a public road, alleging that the bridge was neglected by the Police Jury until it became defective, decayed and insecure, held : Plaintiff has no right of action against the Parish for such damages.

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Mayo, J.

There is a well defined distinction between political and public or private corporations, and the rule is well settled that the people are riot bound, in their corporate capacity for the torts of the officers of Counties or Parishes. Dillon on Corporations, 31, 718, 719.

2. Where plaintiff sues the Parish for damage done to his team by the falling of a bridge on a public road, alleging that the bridge was neglected by the Police Jury until it became defective, decayed and insecure, held : Plaintiff has no right of action against the Parish for such damages.

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Bluebook (online)

1 Gunby 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-parish-of-east-carroll-lactapp-1885.