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

But this does not apply to accidental incidents
12
SECTION XII
38
Such cases are not readily recognized
44
Late decision of the House of Lords
46
CHAPTER III
50
SECTION II
55
SECTION III
58
Party to written contract payable to corporation cannot deny cor
62
Conditions subsequent how enforced
64
By subscription and transfer of shares
69
SECTION III
71
Courts of equity will not restrain the majority from winding up unless for fraud c
76
SECTION IV
77
Every stockholder may vote but not by proxy
78
SECTION VI
82
CHAPTER VI
88
u Dierrimination on the
107
CHAPTER VIII
113
But such lien is not implied
119
SECTION IV
125
Rule of the stockexchange made after the sale not binding upon
127
SECTION VIII
134
SECTION X
140
Managers of company liable in tort to party injured
144
SECTION XIII
150
PARTY LIABLE FOR CALLS
156
SECTION IV
168
SECTION V
171
Where charter fails to limit stock corporation may
179
and 2 Where the transfer of shares without registry will relieve
185
and 4 Default in first payment insufficient
186
One commissioner can give no valid assurance to the route
192
How far alterations may be made without releasing subscribers
201
Difficulty of maintaining them
209
Can a corporation stipulate to pay interest on stocks
210
CHAPTER X
217
SECTION II
223
Duty of making compensation 230
230
Conditions precedent must be complied with 237
237
SECTION V
243
Where public acquire fee it will never revert to grantor
254
Course of the trial in estimating land damages 266
266
SECTION XI
280
SECTION XII
286
No action lies for damages sustained by the use of a railway
292
How far the legislature may effect the exclusiveness of this franchise
318
RIGHT TO BUILD OVER NAVIGABLE WATERS
322
Case in New Hampshire
330
Right at law must be first established
337
541
338
Railways have right to exclusive possession of roadway
345
Land separated from house by highway not part of premises 354
354
CHAPTER XIII
364
SECTION VIII
376
THE MODE OF ASSESSING COMPENSATION UNDER THE ENGLISH STATUTES
379
Route designated need not be followed literally 391
384
Company not responsible for fires resulting from other fires caused
462
Deed executed in blank and filled by procuration valid
464
party injured by omission
469
Opinion of Gibson J on this subject 470472
470
Not liable for consequences of the proper use of their engines 472
472
1618 Especially where a statutory duty is neglected by company 473
473
The question of negligence is one for the jury
474
One who suffers cattle to go at large must take the risk
475
In Maryland company liable unless for unavoidable accident 25 In Indiana commonlaw rule prevails 476 26 In Missouri modified by statute 476
476
In California cattle may lawfully be suffered to go at large
477
The weight of evidence and of presumption 478
478
Company not liable except for negligence
479
FENCES SECTION I
480
By the English statute there is a separate provision made for fencing
481
In some cases it has been held the fencing is to be done equally by the company and the landowner
486
Lessee of railway bound to keep up fences and farm accommodations
488
iinimicinourts ryninim 489 11 Where landowner declines farm accommodations has no redress courts of equity will not decree specific performance ...
489
Fences and farm accommodations not required for safety of servants and employees
490
Company not responsible for injury at road crossings
491
It must appear the injury occurred through default of company
492
Distinction between suffering cattle to go at large and accidental
499
CHAPTER XXII
503
American courts seem disposed to adopt the same rule
505
Railway companies not responsible for injury to cattle by defect of 488
507
The cases seem to regard the company as always absent
513
SECTION IV
533
Municipalities not responsible for injuries by such grant
540
If company omit proper signals not liable unless that produce
547
In cases of alleged torts company not bound to exculpate
553
Inherent difficulty of defining the proper limits of railway enterprise
559
A prospectus and report should contain the whole truth
565
SECTION V
572
Court will not act on petition of member who is a mere puppet
581
ARRANGEMENTS BETWEEN DIFFERENT COMPANIES
587
Railway company cannot assume duties of ferry without legislative
593
What amounts to a seal according to modern use
601
Passengercarriers bound to make landingplaces safe
604
Company responsible for injury at a crossing opened by themselves
605
SECTION V
611
Decision rests on no safe grounds
613
SECTION VIII
620
MANDAMUS THE APPROPRIATE REMEDY TO RESTORE OFFICERS AND MEMBERS OF CORPORATIONS TO THE DISCHARGE OF THEI...
632
Now granted in all cases where of value and sufficiently permanent 636
636
Not available where election annual and facts traversed
637
SECTION IV
638
640 SECTION V
640
Lies to compel transfer of stock
646
No excuse allowed for not complying with peremptory writ
649
Where debt will lie the party not entitled to mandamus
651
SECTION X
657
SECTION V
661
SECTION III
664
ELECTION OF DIRECTORS
669
Rules in regard to taxing costs
670
But where the engineers estimates are final can only be set aside
675

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Page 55 - 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 621 - 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 601 - ... without fault on their part, are injured by using it as such medicine, in consequence of the false label...
Page 627 - 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 456 - 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 576 - 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 632 - 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 603 - 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 456 - ... 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 456 - ... 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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