Eldridge v. Trezevant

William B. Eldridge, a citizen of the state of Mississippi, filed in the circuit court of the United States for the Western district of Louisiana a bill of complaint against Henry B. Richardson, chief of the board of engineers of the state of Louisiana, and Peter J. Trezevant, citizens of Louisiana, whereby he sought to have the defendants enjoined from the construction of a certain public levee through a plantation belonging to the complainant, and situated in Carroll township, state of Louisiana.

An answer was filed admitting that the state board of engineers had projected and laid out a public levee through the complainant's plantation, and that a contract to construct said levee had been awarded to Peter J. Trezevant, but claiming that such proceedings were in pursuance of an act of the general assembly of the state of Louisiana, approved February 10, 1879, and were therefore lawful

The case was heard upon the issues presented by the bill and answer, supplemented with an admission that none of the acts complained of in the bill were wanton, malicious, or arbitrary.

On June 20, 1891, a decree was rendered adjudging the sufficiency of the answer, and dismissing the bill, from which decree an appeal was taken to this court.

Wade R. Young, for appellant.

[Argument of Counsel from pages 453-461 intentionally omitted]

M. J. Cunningham and T. M. Miller, for appellees.

Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.