No. 21214 Precedential Affirmed. Processed

Morgan's Louisiana & T. R. & S. S. Co. v. Himalaya Planting & Mfg. Co.

Louisiana Supreme Court · Filed April 1, 1918 · 78 So. 735

Also decided on this docket: La. Ct. App. 1st Cir., May 15, 1961 130 So. 2d 546

Cited by

Bailey v. Kruithoff 280 So. 2d 262 La. Ct. App. 2d Cir. 1973
American Creosote Company v. Springer 241 So. 2d 510 La. 1970
American Creosote Co. v. Springer 232 So. 2d 532 La. Ct. App. 5th Cir. 1969
Holicer Gas Co. v. Wilson 45 So. 2d 96 La. Ct. App. 2d Cir. 1950
Louisiana Ry. & Nav. Co. v. Cash Grocery & Sales Co. 150 So. 57 La. Ct. App. 1st Cir. 1933
Caldwell v. Laurel Grove Co. 144 So. 718 La. 1932
Caldwell v. Laurel Grove Co. 140 So. 68 La. Ct. App. 1st Cir. 1932

Opinion text

LECHE, J. (dissenting in part). I concur in the decree for the reason that the balance of account sued for is as much for labor and other items as for rails, and therefore is not secured by vendor’s privilege on the rails, as it does not represent exclusively the price of rails; but I dissent from the proposition that a plantation owner may defeat a vendor’s privilege on rails by incorporating the rails into a railroad which he builds on his plantation, as that is in conflict with what I believe to be settled jurisprudence.