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

Isaac Fletcher Redfield

Little, Brown, 1869

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INTRODUCTION	1

Liable for building railway so as to cut off wharf	3

Conditions subsequent how enforced	5

Tolls upon railways almost unknown here Fare and freight often	6

Petitioners for incorporation file plan and surveys	7

It does not affect the private character of a corporation that the State	9

Subject reviewed by Chief Justice Shaw	10

SECTION IV	14

Certiorari denied where party has suffered no injury	360

SECTION II	367

SECTION V	370

SECTION VIII	376

SECTION III	380

Route designated need not be followed literally 391	384

Map may be made to yield to other grounds of construction	393

SECTION V	401

SECTION VI	17

VIII	22

SECTION XII	38

Such cases are not readily recognized	44

CHAPTER III	50

SECTION III	58

96	59

CHAPTER IV	64

70	70

Company bound by act of directors de facto	80

CHAPTER V	87

In civil suit must prove violation of rules	93

103	104

Not an interest growing out of land or goods wares and merchandise	110

Should be at general meeting or upon special notice	116

SECTION IV	125

No implied warranty in such case which will entitle the vendee	127

SECTION VIII	134

SECTION IX	136

FRAUDULENT PRACTICES TO RAISE THE PRICE OF SHARES	140

Rule of Damages	147

and n 2 Discussion of the rights of cestuis que trust in stock certifi	153

SECTION XVI	154

PARTY LIABLE FOR CALLS	156

Notice of sale must name place	167

Subscribers liable to calls	180

SECTION IX	186

One commissioner can give no valid assurance to the route	192

10 11	193

78	198

Express conditions must be performed	200

SECTION XII	206

SECTION XIV	213

But this does not apply to accidental incidents	217

SECTION II	223

CHAPTER XI	228

Navigable waters	231

SECTION II	232

Consequential damages	233

Limitation of the power to take lands 234	234

Subscriptions payable in land without compensation a court of equity	240

SECTION VII	246

SECTION VIII	255

domain	258

Legislature may apply streets in city to any public use 259261	259

SECTION IX	261

SECTION X	269

Opinion of witnesses	274

Matters incapable of description	275

Costs 276277	276

Expenses	277

Power of court to revise proceedings	278

No effort to agree required in order to give jurisdiction	279

SECTION XI	280

SECTION XII	286

No action lies for damages sustained by the use of a railway	292

SECTION XIII	293

79	295

RIGHT TO OCCUPY HIGHWAY	297

SECTION XV	321

RIGHT TO BUILD OVER NAVIGABLE WATERS 1 Legislature may grant the right	322

Land being cut off from wharves is injuriously affected	329

Paramount rights of Congress infringed creates a nuisance Party 14 Case in New Hampshire	330

When a railway cuts off wharves from the navigation	332

SECTION XVIII	333

SECTION XIX	334

Damages compensated under statute of Massachusetts	338

SECTION XXI	345

448	347

SECTION II	355

SECTION VII	405

417	417

SECTION XIV	426

432	432

Construction of such contract	435

SECTION XVIII	441

A provision in a railway charter for the payment of a certain tonnage	445

CHAPTER XVIII	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	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

CHAPTER XIX	480

the land damages 481	481

And where that is assessed and payment resisted by the company the landowner is not obliged to fence 482484	482

In some cases it has been held the fencing is to be done equally by the company and the landowner	484

Assessment of land damages on condition company build fences raises an implied duty on their part 485488	485

In some states owners of cattle not required to confine them upon their own land	488

Farmcrossings required wherever necessary	489

Fences and farm accommodations not required for safety of servants and employees	490

Company not responsible for injury at road crossings	491

unsafe	492

Courts of New Hampshire maintain commonlaw responsibility	493

Maintaining fences along the line of railway matter of police	494

Company not liable where fence thrown down by others	495

Illustrations of the general rule	496

In Pennsylvania one required to keep his cattle at home	497

escape	499

CHAPTER XX	503

liable	504

Distinction attempted between liability for acts done upon movable and immovable property not maintainable	505

SECTION III	517

SECTION IV	533

One being wrongdoer in opening companys gates cannot recover	539

CHAPTER XXI	556

Where no apparent conflict in route first located acquires superior	567

In this country are entitled to compensation in conformity to	569

SECTION VI	576

RIGHT TO DISMISS EMPLOYEES RULE OF DAMAGES WHEN DONE WRONGFULLY	584

So the majority may defend against proceedings in legislature	592

Company responsible for injury at a crossing opened by themselves	605

EXTENT OF THE POWERS AND DUTIES OF LESSEES OF RAILWAYS	607

Money unlawfully borrowed company must refund 616	613

How far railways may accept bills of exchange Railway companies	615

SECTION VIII	620

SECTION II	630

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

But these cases overruled Not required now unless under peculiar circumstances	639

Recent case in New York Court of Appeals	640

SECTION VI	646

SECTION VII	649

THE WRIT SOMETIMES DENIED IN MATTERS OF PRIVATE CONCERN	653

WHERE THERE IS AN EXCESS OF JURISDICTION	663

SECTION III	664

Not allowed for irregularity in proceedings or evidence or form of judgment	665

CHAPTER XXV	666

tions	667

In this country it has been extended to such corporations	668

Will not lie where railway company open part of their road	669

Rules in regard to taxing costs	670

Scire facias the proper remedy to determine forfeiture	671

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Palavras e frases frequentes

act of incorporation act of parliament action agreement apply association authority Bank Barb Beav bill binding bound Bridge by-laws calls Canal cars Central Railw charter Comm condition construction contract corporation court of equity covenant damages decision decree deed defendants directors Eastern Counties Railway Eastern Union Railway enforced English courts English statute entered Exch existence fare funds Grand Junction Railway grant ground held House of Lords illegal injunction interest joint-stock land-owner Law Rep legislature liable London Lord Campbell Lord Chancellor mode notice obtained opinion owner paid pany parties passed passenger payment Penn persons plaintiff poration powers principle projectors promoters purchase purpose question railway company reasonable refused regard regulations road SECTION seems shareholders specific performance stockholders subscriber subscription ticket tion transfer trustees Turnpike Turnpike Co ultra vires unless valid

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Página 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.‎

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Informação bibliográfica

Título	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 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, Isaac Fletcher Redfield
Autor	Isaac Fletcher Redfield
Edição	4
Editora	Little, Brown, 1869

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