The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods and Passengers, Constitutional Law, Investments, &c., Ec., Telegraph Companies, Volume 1Little, Brown,, 1867 - Railroad law |
From inside the book
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Page 14
... held himself out as a paymaster to all who executed their orders ; and though not liable as a mem- ber or shareholder , yet his declared intention to become the president , or a member , in whatever event , or to take a share under any ...
... held himself out as a paymaster to all who executed their orders ; and though not liable as a mem- ber or shareholder , yet his declared intention to become the president , or a member , in whatever event , or to take a share under any ...
Page 16
... held a violation of the statute and illegal , and that no recovery could be had upon it . Bull v . Chapman , 20 Eng ... Held that the contract was ultra vires , and could not be en- forced . Held also that this was not withim the meaning ...
... held a violation of the statute and illegal , and that no recovery could be had upon it . Bull v . Chapman , 20 Eng ... Held that the contract was ultra vires , and could not be en- forced . Held also that this was not withim the meaning ...
Page 23
... held , that equity will not interfere to decree the surrender of an illegal contract , where the illegality appears upon the face of the contract , the remedy at law being adequate . We have then the same case , at law , be- fore the ...
... held , that equity will not interfere to decree the surrender of an illegal contract , where the illegality appears upon the face of the contract , the remedy at law being adequate . We have then the same case , at law , be- fore the ...
Page 41
... held , that in pursuing a claim for specific performance of an agreement of a railway company to purchase land of trustees , that the persons beneficially interested in the land were not necessary parties to the proceeding . A query is ...
... held , that in pursuing a claim for specific performance of an agreement of a railway company to purchase land of trustees , that the persons beneficially interested in the land were not necessary parties to the proceeding . A query is ...
Page 45
... held in the English courts of equity altogether com- petent , and within their appropriate jurisdiction , to restrain a party from opposing a bill in parliament , by petition , if a proper case is made out , and by parity of reason from ...
... held in the English courts of equity altogether com- petent , and within their appropriate jurisdiction , to restrain a party from opposing a bill in parliament , by petition , if a proper case is made out , and by parity of reason from ...
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Other editions - View all
The Law of Railways: Embracing the Law of Corporations, Eminent Domain ... Isaac Fletcher Redfield No preview available - 2015 |
Common terms and phrases
act of parliament action agreement authority Bank Barb bill binding bound bridge by-laws calls Canal cattle Central Railw charter claim company's compensation Conn construction contract contractor corporation Court of Chancery court of equity damages decision deed defendant directors Eastern Counties Railway effect enforced engineer English statute entitled Exch fare fence Grand Junction Railway grant ground held highway House of Lords incorporation injury joint-stock jury land-owner legislature liable London Lord Lord Campbell Lord Chancellor ment mode notice Ohio opinion owner paid pany parliament party pass passenger payment Penn persons plaintiff principle purchase purpose question railway company recover regard registered road rule scrip SECTION seems servants shareholders specific performance stockholders subscriber subscription ticket tion track transfer Turnpike Turnpike Co ultra vires unless valid Western Railw
Popular passages
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...