A Treatise on the Law of Municipal Corporations, Volume 3 |
Contents
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Common terms and phrases
abutting owner affirming Borough Bridge Brooklyn Brush Elec cars Cedar Rapids character cited Citizens City Council City of Chicago City of Detroit City of Philadelphia City of St Colo compensation condition Conn construction contract County Com'rs duty easement Elec electric exclusive exercise franchise Gas Light grant highway Horse Inhabitants Iowa Jersey City legislature liability license Louis Mass Minn Misc motive power municipal corporation N. J. Eq N. J. Law N. Y. Supp nuisance obstructions occupy Ohio St operation ordinance Orleans Pass police power privilege public authorities public corporation public highways public street purpose railroad company reasonable regulations respect road rule statute steam street rail street railroad street railway company supply Tenn tion Town tracks Traction Union Village W. R. Co Water-works West Jersey York
Popular passages
Page 2541 - No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.
Page 2109 - This power of regulation is a power of government, continuing in its nature, and if it can be bargained away at all it can only be by words of positive grant, or something which is in law equivalent. If there is reasonable doubt, it must be resolved in favor of the existence of the power.
Page 2143 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public. The property may have cost more than it ought to have cost, and its outstanding bonds for money borrowed and which went into the plant may be in excess of the real value of the property.
Page 2113 - By a familiar rule, every public grant of property, or of privileges or franchises, if ambiguous, is to be construed against the grantee and in favor of the public; because an intention, on the part of the government, to grant to private persons, or to a particular corporation, property or rights in which the whole public is interested...
Page 2340 - is the want of ordinary care upon the part of a person injured by the actionable negligence of another, combining and concurring with that negligence, and contributing to the injury as a proximate cause thereof, without which the injury would not have occurred.
Page 2267 - The result of the English authorities is, that when a duty is imposed upon a. municipal corporation for the benefit of the public, without any consideration or emolument received by the corporation, it is only where the duty is a new one, and is such as is ordinarily performed by trading corporations, that an intention to give a private action for a neglect in its performance is to be presumed.
Page 2007 - ... railroads ; which carries no freight, but only passengers, from one part of a thickly populated district to another in a town or city, and its suburbs...
Page 2142 - That it was competent for the State of California to declare that the use of all water appropriated for sale, rental, or distribution...
Page 2468 - Am.Dec. 468, a ministerial act is thus defined: "A ministerial act may, perhaps, be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done.
Page 2051 - A highway is a way over which the public at large have a right of passage. It is a road maintained by the public for the general convenience. True, the strikers had a right to march over it as passengers just the same as all other citizens; but they had no right to make it a parade ground, or stop on its...