THE LAW OF RAILWAYS: CORPORATIONS, EMINENT DOMAIN, CONTRACTS, COMMON CARRIERS OF GOODS AND PASSENGERS, CONSTITUTIONAL LAW, INVESTMENTS, & ETC.

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Contents

492
lxxiii
434
lxxiv
The citations to other portions of the work are thus expressed pl n and
1
By the English statute there is a separate provision made for fencing 483
2
Grounds of denying mandamus
4
Usage often will excuse irregularities
5
Petitioners for incorporation file plan and surveys
7
Owner cannot recover if he suffer his cattle to go at large near
8
It does not affect the private character of a corporation that the State
9
Rule in Indiana
10
How far alterations may be made without releasing subscribers
11
But this is true only where the testimony leaves the question
14
Party accepting compensation waives informality
15
5
16
company
17
One who suffers an animal to go at large can only recover for gross
20
SECTION VIII
23
In Missouri modified by statute
26
permission
32
PRACTICE OF COURTS OF EQUITY IN DECREEING SPECIFIC PERFORMANCE
39
SECTION XIV
45
SECTION II
46
CHAPTER III
51
HOW CORPORATIONS ARE CREATED
56
Damages not transferable by deed of land after they accrue
57
96
60
61
62
TRANSFER OF SHARES
63
ACCEPTANCE OF CHARTER OR OF MODIFICATION OF
69
certain
82
QUALIFICATION OF DIRECTORS
85
SECTION III
88
BYLAWS AS TO PASSENGERS
97
CHAPTER VII
106
350
110
RESTRICTIONS UPON TRANSFER
111
202
116
Where transfer is wrongfully refused vendee may recover value
117
SECTION IV
123
READINESS TO PERFORM
127
SECTION IX
134
Managers of company liable in tort to party injured
142
WHEN CALLS BECOME PERFECTED
146
7 8
150
and 2 Company may safely deal with registered owner
152
SECTION XI
155
COLORABLE SUBSCRIPTIONS
157
Irregular calls must be declared void before others can be made
166
Private corporations where stock is private property
171
Definite capital must all be subscribed before calls 175
175
It is the same where defined by the company as in the charter
176
Legislature cannot repeal conditions precedent 177
177
Limit of assessments cannot be exceeded for any purpose
178
51 52
179
SECTION VII
180
One may so conduct as to estop him from denying his liability o
181
Subscriptions must be made in conformity to charter
182
If lost secondary evidence admissible
183
liable for calls 184
184
Dues cannot be enforced which accrue upon shares after they were agreed to be cancelled
185
One commissioner can give no valid assurance to the route
192
SECTION X
193
321
197
SECTION V
244
254
255
0
257
COMPENSATION MODE OF ESTIMATING
262
Farm accommodations
269
436
275
Judgment creditors may bring bill in equity
281
APPRAISAL INCLUDES CONSEQUENTIAL DAMAGES
287
No implied warranty in such case which will entitle the vendee
294
494
311
Substantial misrepresentations in obtaining subscriptions will avoid
313
CONFLICTING RIGHTS IN DIFFERENT COMPANIES
323
SECTION XVI
324
Legislature may apply streets in city to any public
334
Obstruction of way loss of custom
340
Attorney without express power may refer disputed claim
350
1
351
REQUISITES OF THE NOTICE TO TREAT
360
91 92
364
But for circumstantial misconduct of the directors in the matter they
365
THE PROCEEDINGS REQUISITE TO ENABLE THE COMPANY TO ENTER UPON LAND
368
259
372
Directors cannot make profit for themselves
373
THE EXTENT OF COMPENSATION TO LANDOWNERS AND OTHER INCIDENTS BY
375
RIGHT TO TEMPORARY USE OF LAND TO ENABLE COMPANY TO MAKE ERECTIONS UPON
377
0
391
SECTION V
397
VOL I
401
for others
404
But the express requirements of the charter must be complied with
410
Party repudiating excuses the other
412
SECTION XIV
427
CONTRACTS FOR MATERIALS AND MACHINERY
437
SECTION XVIII
443
Such lien cannot exist in regard to a railway
444
Where a company is allowed to take tolls on sections of their road
450
Rule of the stockexchange made after the sale not binding upon
465
No entry under English statutes without previous compensation
471
480
480
Conditions precedent must be performed before calls
494
SECTION II
506
When insurers pay damages on insured property may have action
520
ment
538
In this country promoters only bind themselves and their associates
543
SECTION V
544
Opinion of Lord Langdale and review of cases on this subject 560
560
Where company made liable for injury to all property are allowed
567
9
568
COMPENSATION FOR SERVICE OF DIRECTORS
570
0
572
How far directors may bind company by accepting land in pay
576
The point further illustrated Authority of directors
583
RIGHT TO DISMISS EMPLOYEES
585
The grant to a railway of a ferry in express terms will not author
594
May be liable for wilful act of servant in the range of his employ
603
EXTENT OF THE POWERS AND DUTIES OF LESSEES OF RAILWAYS
608
VOL I
609
SECTION VII
614
SECTION VIII
621
to 129 p 506 Liability for act of the agent or servant
633
The subjects of the commission discusssed in detail
642
What shall amount to ratification of the act of an agent by a cor
650
the same
662

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Page 58 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 459 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 459 - ... likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default ; or perhaps that the escape was the consequence of vis major, or the act of God ; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 463 - The reason he gave for his judgment was because it was the defendant's wall, and the defendant's filth, and he was bound of common right to keep his wall so as his filth might not damnify his...
Page 60 - As a member of a corporation, a government never exercises its sovereignty. It acts merely as a corporator, and exercises no other power in the management of the affairs of the corporation, than are expressly given by the incorporating act.
Page 537 - In case any passenger on any railroad shall be injured while on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury ; provided said company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.
Page 129 - To fall within the exception therefore, of repugnancy, the incident must be such as if expressed in the written contract, would make it insensible or inconsistent.
Page 300 - ... although from his proximity to the obstructed way, or otherwise, from his more frequent occasion to use it he may suffer in a greater degree than others, still he cannot have an action, because it would cause such a multiplicity of suits as to be itself an intolerable evil.
Page 459 - ... them, to provide for the sufficiency of the reservoir with reference to these shafts. The consequence was that the reservoir when filled with water burst into the shafts, the water flowed down through them into the old workings, and thence into the plaintiff's mine, and there did the mischief.
Page 459 - ... persons employed by them in the course of the work became aware of the existence of the ancient shafts filled up with soil, though they did not know or suspect that they were shafts communicating with old workings. It is found that the defendants, personally, were free from all blame, but that in fact proper care and skill was not used by the persons employed by them to provide for the sufficiency of the reservoir with reference to these shafts. The consequence was that the reservoir when filled...

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