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

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Contents

Consignee must have reasonable opportunity to remove goods
7
Overissue of stocks somewhat of a similar character
8
Is liable for loss in price during delay caused by his fault
9
In actions for loss of service cannot include mental anguish
10
No action lies if death caused by neglect of fellowservant or by
11
The mortgage of the property or of the franchises by the corporation
12
If next carrier has place of receiving goods responsibility ceases
13
Parol gift of railway debentures where act of parliament requires
14
SECTION III
15
After proof of presumptive negligence company must show that
16
the course of business 165 166
17
Lien for construction under agreement of company with contractor
18
May put goods in his own or other warehouse
19
Omnibus lines and railways common carriers ex vi termini
21
Negligence to preclude recovery must directly tend to produce the
22
23 and note 21 Party on discovering mistake must elect whether
23
Tender to the party entitled to receive the goods will exonerate
25
Arrangement with consignee binding
26
Inconvenience no excuse for omitting personal delivery
27
An elaborate review of numerous points of law upon the subject 302304
29
Not responsible as common carriers in some cases
33
Constructive grounds of limiting responsibility to his own route
34
Company not liable unless baggage given in charge to their servants 4145
41
himself
46
And it makes no difference that the passenger has no other trunk 4749
47
SECTION VII
53
companies
60
The after carriers may pay back freight in conformity with the bill of 166
74
Carrier cannot charge for carrying to and from depot unless c
79
Carrier must deliver goods in a reasonable time or according to
80
bailee
88
The rule under the English statute stated and illustrated
95
The United States Supreme Court hold to the rule we contend for
107
SECTION XIV
112
SECTION XV
123
The extent of agents authority matter of fact
127
Carriers not responsible for loss by fire may insure in trust and
131
Carrier cannot transship freight except in cases of strict necessity
134
Must give specification and pay insurance
140
GOODS OF DANGEROUS QUALITY INTERNAL DECAY BAD PACKAGE STOPPAGE
144
Most uncertainty exists in regard to capacity of intermediate con
154
SECTION XXI
160
An exception in the bill of lading does not affect its general construc tion
167
Construction of terms of bill of lading affected by usage c
168
SECTION XXII
169
But if freight be paid through to first carrier lien does not ordinarily attach 170
170
A wrongdoer cannot create a valid lien against the real owner
171
Passenger carrier has lien upon baggage for fare
173
Last carrier in the route may detain goods till whole freight paid 14 Carrier cannot sell goods in satisfaction of lien
174
Lien for freight in favor of the last company not affected by defaults of the first company
175
Waiver of lien presumed from unconditional delivery
176
What acts by carrier amount to conversion
177
Consignor in such case not estopped by the act of consignee
178
SECTION XXVI
191
to pay freight 5 How far common carriers of goods or passengers may recover pro rata
193
CHAPTER XXVII
200
Will make no difference if passenger does not pay fare 210212
210
SECTION
218
Loss by felony of servants excepted But not liable unless by car
223
SECTION III
238
SECTION V
251
Numerous points decided in another case
281
CHAPTER XXIX
306
SECTION V
310
Sometimes injunction refused where great loss will ensue 312
312
Priority of right determinable only upon motion to discharge order
314
Courts of equity not competent to take charge of working of a railway
319
INJUNCTIONS TO CARRY INTO EFFECT ORDERS OF RAILWAY COMMISSIONERS
320
upon them
322
These matters often arranged by mutual concessions and an issue
338
Suggestions as to some permanent arrangements upon the subject
344
Placing poles in the highway without legislative authority creates
346
People in foreign countries cannot comprehend our rashness in passen
353
127
355
SECTION XIX
358
Liable for money in his hands to same extent as other trustees
364
Signals required to be given at highway crossings on level
365
SECTION II
370
SECTION III
374
Not liable where plaintiffs fault contributes directly to injury 225227
377
erty 385
384
Right of legislature to exempt company or stock from taxation 383385
386
But erections of mere convenience for profit may be
387
Municipalities may tax real estate for improvements
388
SECTION II
389
necessary to its business
391
Qualified exemptions held valid and inviolable
393
The distinction between public and private business corporations
394
Company do not owe such duty to wrongdoers
395
ties by mandamus
405
Fault on one part will not excuse the other if he can avoid commit
406
Grants of the use of navigable waters for manufacturing revocable 412418
412
Forfeiture for the benefit of a county may be remitted by legislature
418
Negligence to be determined by the jury where evidence conflicts 231
423
Extent of a reserved power to repeal charters of corporations 430433
430
Effect of public patronage in regard to legislative control
437
Some American cases hold railway companies may mortgage franchise
443
But the bona fide owner may so conduct as to forfeit his claim 533 534
455
Power to buy and sell real estate and to borrow money implies
461
Form of debenture in England
501
SECTION III
513
Guaranteed stock cannot be enforced against the corporation except
516
SECTION VI
523
240
529
Review of English decisions
532
Dissenting opinion approved
538
SECTION IV
545
CHAPTER XXXVI
555
In Illinois the personal representative sues for the benefit of the widow
559
Third class trains and mail trains
561
REGULATION OF THE RUNNING OF CARS OR TRAINS BY MUNICIPAL AUTHORITY
564
Municipal authorities cannot give permission to lay rails in the public
571
Passengers bound to conform to regulations of company and direc
574
Agreement to amalgamate from a day past
577
Precautions to be used by passengers
582
107
585
But refusal to declare contents will not excuse the carrier for refusal
587
Where charter creates lien it is paramount to all others
656
Cases illustrating the mode of proceeding in courts of equity 316 317
671
Disposition in English courts to hold carriers to more strict accounta
680
Are liable to indictment for obstructing public highway
686
Corporations liable to indictment for misfeasance as well as non
692

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Page 83 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 236 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 429 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 211 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Page 433 - That the framers of the constitution did not intend to restrain the States in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us is not to be so construed, may be admitted.
Page 416 - And whenever the public exigencies require, that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
Page 425 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 345 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Page 114 - It is unfortunate for the interests of commerce that there is any diversity of opinion on such a subject, especially in this country; but the rule that holds the carrier only liable to the extent of his own route, and for the safe storage and delivery to the next carrier, is in itself so just and reasonable that we do not hesitate to give it our sanction.
Page 428 - The continued existence of a government would be of no great value if by implications and presumptions it was disarmed of the powers necessary to accomplish the ends of its creation, and the functions it was designed to perform transferred to the hands of privileged corporations.

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