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

SECTION IX
24
THE WRIT SOMETIMES DENIED IN MATTERS OF PRIVATE CONCERN
34
SECTION XII
38
Such cases are not readily recognized
44
CHAPTER III
50
SECTION II
55
Records of company evidence
64
69
70
SECTION IV
77
Company bound by act of directors de facto
80
PREROGATIVE FRANCHISES
87
Regulation of stations and traffic by means of injunction Equality
93
Should be at general meeting or upon special notice
97
Discrimination on the ground of color
108
CHAPTER VIII
113
SECTION IV
125
No implied warranty in such case which will entitle the vendee
127
SECTION VIII
134
Courts of equity will vacate sales so procured
140
SECTION XII
148
SECTION XVI
154
unless
156
SECTION IV
168
Definite capital must all be subscribed before calls
176
capacity
184
and 4 Default in first payment insufficient 187
186
One commissioner can give no valid assurance to the route
192
78
198
Express conditions must be performed
200
SECTION XII
206
Sad effects of opposite course on commercial fair dealing 209
209
Can a corporation stipulate to pay interest on stocks
210
SECTION XIII
211
is no fraud or intentional misrepresentation
212
SECTION XIV
213
SECTION XV
214
CHAPTER X
217
SECTION II
223
Navigable waters
231
Rights acquired by company
232
SECTION IV
240
SECTION VII
246
SECTION VIII
255
domain
258
Legislature may apply streets in city to any public use 259261
259
The company owe a primary duty to passengers
260
SECTION IX
261
SECTION X
269
Opinion of witnesses
274
Testimony of experts 274
275
Costs 276
276
Expenses
277
Power of court to revise proceedings
278
No effort to agree required in order to give jurisdiction
279
246 247
280
SECTION XII
286
No action lies for damages sustained by the use of a railway
292
SECTION XIII
293
79
295
In Ohio the owner of the fee may claim indemnity against additional
311
Decisions not uniform Generally held that street railway franchise
317
SECTION XXII
349
SECTION II
355
474 475
359
THE NOTICE MAY BE WAIVED BY THE PARTY ENTERING INTO THE NEGOTIATION
360
Company restrained from using land until price paid even after line
366
SECTION V
370
SECTION VIII
376
SECTION III
380
Route designated need not be followed literally 391
384
388
389
Power to change location must be exercised before construction
393
Grant terminating at town liberally construed
394
SECTION III
396
SECTION IV
397
as common carriers
400
SECTION V
401
The extent of this duty as applied to bridge and approaches
404
Extra work cannot be recovered of the company unless done upon
411
SECTION XIII
418
SECTION XV
431
SECTION XVII
438
But a subcontractor cannot go against the proprietor of the works
444
Tolls upon railways almost unknown here Fare and freight often
445
CHAPTER XVIII
464
CHAPTER XIX
480
unsafe
492
Courts of New Hampshire maintain commonlaw responsibility
493
Maintaining fences along the line of railway matter of police
494
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
escape
499
CHAPTER XX
503
liable
504
Distinction attempted between liability for acts done upon movable 505 5 Cases referred to where true grounds of distinction are stated
505
SECTION III
517
525
523
SECTION IV
533
railway interference
540
The management of a train of cars is so far matter of science and art
552
Official bonds strictly limited to term for which executed
571
RIGHT TO DISMISS EMPLOYEES RULE OF DAMAGES WHEN DONE WRONGfully
584
SECTION II
594
SECTION IV
607
Money unlawfully borrowed company must refund 616
613
How far railways may accept bills of exchange Railway companies
615
SECTION VIII
620
By late English statutes mandamus effects specific performance
629
MANDAMUS THE APPROPRIATE REMEDY TO RESTORE OFFICERS AND MEMBERS
632
SECTION IV
638
Mandamus denied to compel company to divide profits
653
SECTION XII
659
WHERE THERE IS AN EXCESS OF JURISDICTION
663
SECTION III
664
Not allowed for irregularity in proceedings or evidence or form of judgment
665
CHAPTER XXV
666
tions
667
In this country it has been extended to such corporations
668
Will not lie where railway company open part of their road
669
Rules in regard to taxing costs
670
Scire facias the proper remedy to determine forfeiture
671

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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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