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 1Little, Brown, 1869 - Railroad law |
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Page xi
... Principle of foregoing decisions obscure 2. Not adopted in this country unless terms inserted in charter . 3. Recent change of views in English courts • 3-5 . Statement of late case in which principle of Edwards v . Grand Junc- tion ...
... Principle of foregoing decisions obscure 2. Not adopted in this country unless terms inserted in charter . 3. Recent change of views in English courts • 3-5 . Statement of late case in which principle of Edwards v . Grand Junc- tion ...
Page xxvii
... Principle seems to require this 4. Many cases take a different view . 5. Legislatures may and should require such additional compensation 297 297 298-300 • . 301-304 305 6. Courts of equity will not enjoin railways from occupying ...
... Principle seems to require this 4. Many cases take a different view . 5. Legislatures may and should require such additional compensation 297 297 298-300 • . 301-304 305 6. Courts of equity will not enjoin railways from occupying ...
Page 1
... 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 ...
... 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 ...
Page 16
... principle that one who adopts the benefit of an act , which another volunteers to perform in his name and on his behalf , is bound to take the burden with the benefit.1 visionally registered , but not in terms made conditional on the ...
... principle that one who adopts the benefit of an act , which another volunteers to perform in his name and on his behalf , is bound to take the burden with the benefit.1 visionally registered , but not in terms made conditional on the ...
Page 18
... principle was much discussed in the case of Neville v . Wilkinson , where Mr. Neville being about to marry , inquiry was made by the lady's father to what extent he was indebted . Wil- kinson , who was applied to at the desire of ...
... principle was much discussed in the case of Neville v . Wilkinson , where Mr. Neville being about to marry , inquiry was made by the lady's father to what extent he was indebted . Wil- kinson , who was applied to at the desire of ...
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Other editions - View all
The Law of Railways: Embracing the Law of Corporations, Eminent Domain ... Isaac Fletcher Redfield No preview available - 2020 |
The Law of Railways: Embracing Corporations, Eminent Domain, Contracts ... Isaac F 1804-1876 Redfield No preview available - 2015 |
Common terms and phrases
act of parliament action agreement amount assessments authority Bank Barb Beav bill binding Boston bound by-laws calls Canal capital stock Central Railw Chancellor charter condition Conn consent construction contract corporation Court of Chancery court of equity creditors damages debts decision decree deed defendant directors Eastern Counties Railway eminent domain enforced English courts English statute entered entitled Exch fare Grand Junction Railway grant ground held House of Lords joint-stock land-owner Law Rep legislature liable Lord Lord Chancellor mode notice number of shares obtained owner paid pany parliament party passenger payment Penn persons plaintiff principle purchase purpose question railway company reasonable refused regard regulations requisite River Railw road seems shareholders specific performance stockholders subscriber subscription take land ticket tion trustee Turnpike Turnpike Co ultra vires unless valid
Popular passages
Page 57 - 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 623 - 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 603 - ... without fault on their part, are injured by using it as such medicine, in consequence of the false label...
Page 629 - 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 458 - 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 578 - 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 634 - 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 605 - 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 458 - ... 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 458 - ... 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...