Opinion · Supreme Court of the United States

New Orleans Gas Light Co. v. Drainage Commission of New Orleans

197 U.S. 453

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1905-04-03
Topic
general

How later courts describe this case

  • holding that requiring the utility to relocate its pipes at its own expense did not constitute a legal injury
  • holding that the injury sustained by the utility is damnum absque injuria[ 3 ]
  • holding that the injury sustained by the utility is damnum absque injuria
  • explaining that “uncompensated obedience to a regulation enacted for the public safety under the police power of the state [is] not taking property without due compensation”
  • holding imposition on gas company of the costs of relocating gas pipes to accommodate construction of municipal drainage system was an exercise of the police power essential to the health of the community
  • “uncompensated obedience to a regulation enacted for the public safety under the police power of the state [is] not taking property without due compensation”
  • "The drainage of a city in the interest of the public health and welfare is one of the most important purposes for which the police power can be exercised."
  • if a gas company is required at its own expense to change the location of its pipes in the public street when the city installs a drainage system, "none of the property of the gas company has been taken"

Citator

UpLaw has not yet analyzed New Orleans Gas Light Co. v. Drainage Commission of New Orleans. The absence of a flag is not a finding that it is good law.

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240 opinions