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

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Contents

Question cannot be raised collaterally
9
Distinct finding on each claim
10
For negligence in construction remedy at common
13
Matters incapable of description
16
VII
19
One who suffers an animal to go at large can only recover for gross
20
SECTION XII
38
Such cases are not readily recognized
44
CHAPTER III
50
SECTION II
55
Change of constitution Effect of change of name
61
Records of company evidence
64
SECTION IV
77
Shareholders may restrain their authority 80
80
SECTION VI
82
SECTION VII
85
CHAPTER V
87
CHAPTER VI
88
Statutes operate upon members from promulgation upon others from knowledge of the same 12 Regulations for accommodation of passengers must ...
92
BYLAWS REGULATING THE USE OF STATIONS AND GROUNDS 1 May exclude persons without business 93
93
SECTION III
98
Discrimination between fares paid in cars and at stations
104
Liability for excess of force
106
Discrimination on the ground of color
107
CHAPTER VII
108
SECTION II
109
CHAPTER VIII
113
Vendor must procure the consent of directors where requisite
120
Deed executed in blank and filled by procuration valid
126
special damage
127
SECTION VIII
134
SECTION X
140
SECTION XII
148
SECTION XVI
154
ASSESSMENTS OR CALLS
156
Subscribers liable to calls
180
SECTION IX
186
SECTION X
193
Express conditions must be performed
200
SECTION XII
206
Directors cannot make profit for themselves
211
CHAPTER X
217
SECTION II
223
CHAPTER XI
228
Navigable waters
231
SECTION II
232
Consequential damages
233
Limitation of the power to take lands 234
234
Filing the location in the land office is notice to subsequent purchasers
239
SECTION VII
246
Where public acquire fee it will never revert to grantor
254
SECTION VIII
255
SECTION IX
261
SECTION X
269
SECTION XI
280
SECTION XII
286
SECTION XIII
293
Decisions conflicting
297
The interest demands reasonable protection
315
SECTION XV
321
Recovery under the statute
338
SECTION XXI
345
Where the company desire part not compellable to take whole unless
354
SECTION VII
363
SECTION VIII
376
SECTION III
380
Binding force of plans made part of charter
384
SECTION II
394
SECTION V
401
SECTION VII
405
SECTION X
412
Right of appeal lost by acquiescence
415
Decision of engineer conclusive as to quality of work but not as
425
SECTION XV
431
CONTRACTS TO PAY IN THE STOCK OF THE COMPANY
438
Laborers on public works have a claim against the company
444
Guaranty of certain profit on investment lawful
445
English companies feel bound to use precautions against fire 451
451
CHAPTER XVIII
464
CHAPTER XIX
480
In some states owners of cattle not required to confine them upon
486
unsafe
492
Courts of New Hampshire maintain commonlaw responsibility
493
Maintaining fences along the line of railway matter of police
494
Railway not responsible in Indiana unless in fault 27 Company not liable where fence thrown down by others
495
Illustrations of the general rule
496
In Pennsylvania one required to keep his cattle at home
497
Distinction between suffering cattle to go at large and accidental escape
499
CHAPTER XX
503
liable
504
Distinction attempted between liability for acts done upon movable
505
May be liable for wilful act of servant in the range of his employ
509
The powers of a corporation are such only as are conferred by charter
515
Statement of the law in Kentucky and review of the subject 525
525
SECTION IV
533
One being wrongdoer in opening companys gates cannot recover
541
The management of a train of cars is so far matter of science and art
552
SECTION IV
571
RIGHT TO DISMISS EMPLOYEES
584
Majority of company may obtain enlarged powers with new funds
591
What amounts to a seal according to modern
600
Company responsible for injury at a crossing opened by themselves
605
SECTION IV
607
1
611
The matter is one mainly of public convenience and so subject to leg
613
SECTION VIII
620
SECTION II
630
MANDAMUS THE APPROPRIATE REMEDY TO RESTORE OFFICERS AND MEMBERS OF CORPORATIONS TO THE DISCHARGE OF THEI...
632
The writ formerly granted only to restore to public office 632635 2 Now granted in all cases where of value and sufficiently permanent 636
636
Not available where election annual and facts traversed
637
SECTION IV
638
But these cases overruled Not required now unless under peculiar circumstances
639
Recent case in New York Court of Appeals
640
SECTION VI
646
SECTION VII
649
Where debt will lie the party not entitled to mandamus
651
SECTION X
657
SECTION III
664
Rules in regard to taxing costs
670

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Common terms and phrases

Popular passages

Page 57 - 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 623 - It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Page 603 - ... without fault on their part, are injured by using it as such medicine, in consequence of the false label...
Page 629 - Courts, except replevin and ejectment, may endorse upon the writ and copy to be served a notice that the plaintiff intends to claim a writ of mandamus, and the plaintiff may- thereupon claim in the declaration, either together with any other demand which may now be enforced in such action, or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.
Page 458 - 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 578 - Bribes, in the shape of high contingent compensation, must necessarily lead to the use of improper means and the exercise of undue influence. Their necessary consequence is the demoralization of the agent who covenants for them; he is soon brought to believe that any means which will produce so beneficial a result to himself are
Page 634 - I apprehend those who come for them to Parliament do in effect undertake that they shall do and submit to whatever the legislature empowers and compels them to do, and that they shall do nothing else...
Page 605 - Held, in the Exchequer Chamber, (reversing the judgment of the Court of Exchequer), that the right of action for a breach of this agreement, by the dismissal of A.
Page 458 - ... it seems but reasonable and just that the neighbor who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbor's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property.
Page 458 - ... which he knows to be mischievous if it gets on his neighbor's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should, at his peril, keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority this we think, is established to be the law whether the things so brought be...

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