The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods and Passengers, Constitutional Law, Investments, &c., Ec., Telegraph Companies, Volume 1

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Contents

SECTION VIII
23
201
28
SECTION XIII
42
SECTION XIV
45
SECTION I
51
SECTION III
59
COLORABLE SUBSCRIPTIONS
63
ACCEPTANCE OF CHARTER OR OF MODIFICATION OF
69
SECTION VI
82
A quorum must be present where the authority of a quorum is neces
83
465 466
84
Members of corporation affected with notice of binding rules
93
BYLAWS AS TO PASSENGERS
94
102
103
TRANSFER OF SHARES
111
201 202
116
Where transfer is wrongfully refused vendee may recover value
117
SECTION IV
123
READINESS TO PERFORM
127
SECTION IX
134
141
142
Grounds of denying mandamus
143
and 3 In case of death personal representative liable to calls
149
CHAPTER IX
155
Colorable subscriptions valid
157
VOL I
161
Limit of assessments cannot be exceeded for any purpose
171
80
176
CALLS MAY BE MADE PAYABLE BY INSTALMENTS
179
SECTION X
193
How far commissioners may annex conditions to subscription
207
FORFEITURE OF SHARES RELIEF IN EQUITY 1 Requirements of charter and statutes must be strictly pursued
214
SECTION XV
215
For what purposes such books are important as evidence
216
Party claiming to be shareholder may inspect register Q
217
CHAPTER X
218
SECTION II
224
TAKING LANDS IN INVITUM
233
SECTION III
239
SECTION V
244
247
250
General inquiry simple
262
In an award of farm accomodations time of the essence of the award
269
484486
280
SECTION XI
281
SECTION XII
287
SECTION XIII
294
Where permanent erections made in street compensation must
298
SECTION XV
323
Land being cut off from wharves is injuriously affected
331
SECTION XVII
333
Company liable to action where mandamus will not lie
334
SECTION XVIII
335
But railway may lawfully pass along public street
336
land damages
340
Railways have right to exclusive possession of roadway
347
CHAPTER XII
353
193
392
DISTANCE HOW MEASURED
394
492 493
398
VOL I
401
SECTION IX
409
299
410
IF ONE PARTY REPUDIATE THE CONTRACT THE OTHER MAY SUE PRESENTLY
412
Engineer cannot delegate his authority
418
307
422
Decision of engineer conclusive as to quality of work but not as
425
SECTION XV
432
Party may waive stipulation in contract by acquiescence 438
438
SECTION XIX
444
CHAPTER XVII
452
311 312
456
Company not liable in such case unless they might have avoided
465
475
476
Farmcrossings required wherever necessary
482
At common law every owner bound to restrain his own cattle
493
498
499
CHAPTER XX
506
libel
510
INJURIES TO SERVANTS BY NEGLECT OF FELLOWSERVANTS AND USE OF MACHINERY
520
526
527
SECTION IV
538
312 313
542
SECTION V
544
injury
548
Not liable for injury to cattle trespassing unless guilty of wilful wrong 548 7 General definitions of companys duty 549551
549
Action accrues from the accruing of the injury
551
One who follows direction of gatekeeper excused
552
duce testimony of experts will often require explanation
554
CHAPTER XXI
556
panys works require consent of shareholders
557
Directors or shareholders cannot alter the fundamental business of the company 558
558
Opinion of Lord Langdale and review of cases on this subject 560563
560
An act ultra vires can only be confirmed by actual and not construc tive assent 561564
561
281
564
Company by adopting act of directors are liable to make recompense
565
What will amount to fraud in the reports of the company
566
form directors personally liable
567
542
568
SECTION V
573
544
575
193 194
578
The point further illustrated Authority of directors
583
SECTION VII
585
So the majority may defend against proceedings in legislature
593
Extended review of the English and some of the American 595602
595
SECTION III
603
SECTION V
612
SECTION VIII
621
to 129 p 506 Liability for act of the agent or servant
633
Further discussion of the use of tracks by different companies
643
648
651
654
657

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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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