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ANALYTICAL INDEX OF APPENDIX OF CASES.

REPORTED SINCE THE EDITION WENT TO PRESS.

CORPORATIONS.

Receivers appointed to close up when same are insolvent

Commissioners appointed by special act of the legislature to arrange con

nections between different companies

Right of owner of shares to demand registry of transfer

Costs of litigation when properly chargeable to company

Transfer of shares as collateral security.

Specific contract for sale of shares

Right to inspect entries in books of company

EMINENT DOMAIN.

PAGE

675

675

675

676

. 676

676

676

Location of railway confirmed by statute

Difficulty of access

Company when liable in ejectment

Relief by injunction for nuisance in navigable highway

Notice to take land

676

. 677

677

677

677

Covenants against building upon adjoining lands

677

Extent of lien for price of land taken by railway company.

. 677

May take land for substituted road, even when not strictly indispensable . 678

Extent of powers of company in building branches and new lines

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The interest of a railway company, laid in the streets of a city, in such

streets

679

Injuries to land affecting easements therein, not taking of land
Responsibility of company for legal use of franchise.

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Time and mode of exercising compulsory powers against land owners

Concessions by natural persons to public company construed strictly
Right to enter upon lands for preliminary surveys

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681

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685

685

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FENCES

Company not bound to fence against cattle trespassing.
INJURY BY FELLOW-SERVANTS OR MACHINERY
Responsibility of master for tortious acts of servant

INJURIES IN THE NATURE OF TORTS

DIRECTORS.

686

687

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687

688

688

Directors responsible for the authority they assume

691

Directors when responsible for the act of co-directors

691

Power of directors and duty of courts in controlling their action.
The duty of the directors to serve the interests of the company

691

692

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Directors personally responsible to refund money expended by them in "rigging the market ”

693

MANDAMUS

693

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§ 1. 1. ALTHOUGH some of the Roman roads, like the Appian Way, were a somewhat near approach to the modern railway, being formed into a continuous plane surface, by means of blocks of stone fitted closely together, yet they were, in the principle of construction and operation, essentially different from railways. The idea of a distinct track, for the wheels of carriages, does not seem to have been reduced to practice until late in the seventeenth century. In 1676, some account is given of the transportation of coals near Newcastle, upon the river Tyne, upon a very imperfect railway, by means of rude carriages, whose wheels ran upon some kind of rails of timber.1 About one hundred years afterwards, an iron railway is said to have been constructed and put in operation at the colliery near Sheffield. From this time they were put into very extensive use, for conveying coal, stone, and other like substances, short distances, in order to reach navigable waters, and sometimes near the cities, where large quantities of stone were requisite for building purposes.

1 Roger North's Life of Lord Keeper North, vol. 2, p. 281; Ency. Americana, Art. Railway, vol. 10, p. 478. And in all the medieval towns in Europe, we notice double granite flagging, along the streets, for the wheels of carriages. And in the main street in Milan, and some other Italian towns, there are double tracks of this kind for carriages to pass in opposite directions. These granite blocks in the streets, for the wheels of carriages, are seen in Canterbury and in York, England; and in most of the Italian cities. But they seem never to have suggested the idea of railways.

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