Opinion
No. 2726.
June 12, 1969. Rehearing Denied July 24, 1969.
Appeal from Sixteenth Judicial District Court, Parish of Iberia; S. O. Landry, Judge.
Mestayer Simon, by Ray F. Mestayer, New Iberia, for defendants-appellants.
Shotwell, Brown Sperry, by Burt Sperry, Monroe, Earl H. Willis, St. Martinville, for plaintiff-appellee.
Before SAVOY, CULPEPPER and MILLER, JJ.
For the reasons stated in the consolidated case of Michigan Wisconsin Pipe Line Company v. Walet, La. App., 225 So.2d 76, in which a separate decision is being rendered by us this date, the judgment appealed in the present case is amended and affirmed.
It is now ordered, adjudged and decreed that the trial court's judgment is amended such that Michigan Wisconsin Pipe Line Company is ordered to pay to Defendant Millard Maurice Eldridge, the sum of Sixty-nine hundred thirty-eight and 46/100 ($6938.46) Dollars, together with interest of 5% per annum from August 9, 1968 until paid, which is adjudged to be the value of the right of way and damages resulting from the construction of the pipeline together with expenses found to be a direct consequence of construction of the pipeline; specifically reserving to defendants their claim for damages to their 1968 crop located outside the right of way but within a "cut" crossed by the pipeline, and/or any damages sustained by them or their equipment as a result of their attempt to save their 1968 crop and which they can show resulted from construction, installation and/or operation of the pipeline.
All court costs are to be paid by Michigan Wisconsin Pipe Line Company.
Amended and affirmed.
HOOD, J., dissents for reasons which are assigned in 225 So.2d 76.
ON REHEARING
En Banc.
For the reasons stated in the consolidated case of Michigan Wisconsin Pipe Line Company v. Walet, La. App., 225 So.2d 76, in which a separate decision is being rendered by us this date, the judgment appealed in the present case is amended and affirmed.
It is therefore ordered, adjudged and decreed that the judgment rendered herein be vacated and set aside, and that the trial court's judgment is amended such that Michigan Wisconsin Pipe Line Company is ordered to pay to defendant, Millard M. Eldridge, the sum of Five thousand, three hundred sixty-five and 50/100 ($5,365.50) Dollars, together with interest of five per cent (5%) per annum from August 9, 1968, until paid, which is adjudged to be the value of the right of way and damages resulting from the construction of the pipeline together with expenses found to be a direct consequence of construction of the pipeline; specifically reserving to defendants their claim for damages to their 1968 crop located outside the right of way but within a "cut" crossed by the pipeline, and/or any damages sustained by them or their equipment as a result of their attempt to save the 1968 crop and which they can show resulted from construction, installation and/or operation of the pipeline. All costs are to be paid by Michigan Wisconsin Pipe Line Company.
With these amendments, the application for rehearing is denied. We reserve to Defendants-Appellants the right to apply for rehearing on this amended decree.
Original decree amended, rehearing denied. Rights reserved to defendants-appellants to apply for rehearing.