The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1891 - Railroad law
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abutting acquired action alleged amount appears appellant application authority bill bonds build cars cause charter circuit claim common compensation completed condition consent consideration constitution construction contract corporation court cross damages decision decree deed defendant earnings easement effect entitled error evidence excessive existence express fact feet filed follows franchise further given grant ground held highway injury interest issued judgment jury land lease legislature limits Louis maintain matter means mortgage necessary negligence obtained operation opinion owner Pacific paid pany parties passed passenger payment person plaintiff possession present proceedings purchase question rail railroad company railway Railway Company reason receiver recover referred road rule side statute street street railway taken thereof tion track trust United York
Page 686 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 163 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 434 - That the President of the United States shall cause the lands to be surveyed for forty miles in width on both sides of the entire line of said road after the general route shall be fixed. and as fast as may be required by the said railroad ; and the odd sections of land hereby granted shall not be liable to sale or entry, or pre-emption, before or after they are surveyed, except by said company, as provided in this act...
Page 282 - The General Assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators.
Page 98 - Granting to any corporation, association or individual the right to lay down railroad tracks...
Page 659 - The sound and true rule is, that if the contract, when made, was valid by the laws of the State as then expounded by all departments of the government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent action of legislation, or decision of its courts altering the construction of the law.
Page 684 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 280 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting to be held after sixty days' notice given in pursuance of law.
Page 712 - That nothing In this Act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States. State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed In such transportation, or the Issuance of mileage, excursion, or commutation passenger tickets...