The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1891 - Railroad law Covers cases decided [1879?]-1895. |
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Page 19
... proceeding ; that it is between citizens of different states ; that it involves over $ 2,000 in amount ; and that there- Question pre- fore it is brought clearly within the provisions of the removal statute . If by reason of these facts ...
... proceeding ; that it is between citizens of different states ; that it involves over $ 2,000 in amount ; and that there- Question pre- fore it is brought clearly within the provisions of the removal statute . If by reason of these facts ...
Page 21
... proceedings for the exercise of these powers may have been had in the name of a particular corporation , nevertheless the power set in motion thereby was that of the sovereign state , and its nature was not changed by the mere form of ...
... proceedings for the exercise of these powers may have been had in the name of a particular corporation , nevertheless the power set in motion thereby was that of the sovereign state , and its nature was not changed by the mere form of ...
Page 23
... proceeding of this nature on the ground of diverse citizenship , simply be- cause the commissioners are citizens of Iowa and the defend- ant a corporation created under the laws of Wisconsin , then it must follow that the proceeding ...
... proceeding of this nature on the ground of diverse citizenship , simply be- cause the commissioners are citizens of Iowa and the defend- ant a corporation created under the laws of Wisconsin , then it must follow that the proceeding ...
Page 24
... proceeding of this nature , whether viewed in regard to the nature of the power sought to be exercised , or in regard to the form of the proceeding , and the results to be accomplished thereby , is one not within the jurisdiction of the ...
... proceeding of this nature , whether viewed in regard to the nature of the power sought to be exercised , or in regard to the form of the proceeding , and the results to be accomplished thereby , is one not within the jurisdiction of the ...
Page 25
... proceeding . If the subject matter of the pe- tition filed is without the jurisdiction of the circuit court , for the reasons already assigned , pleading a defense thereto , based upon the constitution of the United States , cannot ...
... proceeding . If the subject matter of the pe- tition filed is without the jurisdiction of the circuit court , for the reasons already assigned , pleading a defense thereto , based upon the constitution of the United States , cannot ...
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Common terms and phrases
action agent agreement alleged appeal appellee assessed authority baggage bridge carrier cause cents charge charter Chicago circuit court claim commissioners common carrier compensation condemnation conductor construction contract contractor contributory negligence corporation court of equity damages defendant defendant's demnation demurrer depot duty easement eminent domain employes engineer entitled equity Erie error evidence exercise fact fare fendant filed freight furnished ground held highway injury instruction judgment jury land lease liable lien ment necessary negligence operation opinion owner P. R. Co paid pany party passenger payment person petition plaintiff plaintiff in error platform proceedings purpose question rail railroad company railway company reason recover refused road rule servants sleeping car South Omaha station statute street supreme court taken testimony thereof ticket tion track train trial ultra vires verdict Wheeling creek witness
Popular passages
Page 661 - 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 155 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 381 - ... public notice, as may be provided by law. SEC. 12. In all elections for directors or managers of corporations every stockholder shall have the right to vote, in person or by proxy, the number of shares of stock owned by him for as many persons as there are directors or managers to be elected...
Page 241 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted ; that is to say, what is it worth from its availability for valuable uses.
Page 325 - ... to its former state, or to such state as not unnecessarily to have impaired its usefulness.
Page 229 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 383 - Assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected...
Page 407 - No right Is held more sacred, or is more carefully guarded, by the common law. than the right of every individual to the possession and control of his own person, free from all restraint or Interference of others, unless by clear and unquestionable authority of law.
Page 98 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Page 10 - Commerce with foreign countries, and among the States, strictly considered, consists in intercourse and traffic, including in these terms navigation, and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.