Louisiana Court of Appeal, 1967

Trunkline Gas Co. v. Rougeau

Trunkline Gas Co. v. Rougeau
Louisiana Court of Appeal · Decided February 15, 1967 · Culpepper, Hood, Savoy, Tate
196 So. 2d 62; 1967 La. App. LEXIS 5815 (Southern Reporter, Second Series)

Trunkline Gas Co. v. Rougeau

Opinion of the Court

TATE, Judge.

This expropriation suit was consolidated for trial and appeal with Trunkline Gas Company v. Verzwyfelt, 196 So.2d 58, rendered this date. The two suits concern expropriations for the same pipeline over adjacent tracts of land. With the exception to be noted, it is conceded that the issues in the two suits are almost identical.

The only different appellate question arises from the circumstance that in the present case the trial court awarded $522 excessive severance damage through inadvertent miscomputation. The court did not notice its error until it was divested of jurisdiction to correct it by the perfection of the appeal. The defendants-appellees do not deny the error in computation.

Accordingly, we will reduce the total award to the defendant landowners by the net sum of Five Hundred Twenty-Two ($522.00) Dollars; as thus reduced, we will affirm the trial court judgment in all other respects, for the reasons stated in the cited companion appeal. The costs of this appeal are to be paid by Trunkline, the plaintiff-appellant.

Amended and affirmed.

070rehearing

On Application for Rehearing.

En Banc. Rehearing denied.

CULPEPPER, J., recused.

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