of, by passenger held not to pre- clude recovery of penalty. St. Louis & S. F. R. Co. v. Gill (Ark.), 462. Reports; penalty for failure of railroad company to make.'
Right of private party to sue for penalty. Hodge v. Marietta & N. G. R. Co. (N. Car.), 373 n. Speculation in penalties.
The fact that person went on train for sole purpose of accumula- ting penalties for overcharges, does not preclude recovery. St. Louis & S. F. R. Co. v. Gill (Ark.), 462.
PERSONAL INJURIES.
with plaintiff to procure right of way, ratified by company. Plaintiff entitled to damages if company allows its charter to be forfeited, and ratification re- lates back to date of execution of contract. Stanton v. New York & E. R. Co. (Conn.), 390. Parol evidence held inadmissible to vary terms of contract be- tween defendant and promoters of corporation, subsequently ratified. Stanton v. New York & E. R. Co. (Conn.), 390. PUBLICATION.
Order of publication to enforce rights of stockholders where members of board are non-resi- dents. Cross v. West Virginia C. & P. R. Co. (W. Va.), 381. PUBLIC LANDS. See EMINENT Do-
PUBLIC POLICY. See Lease. POLICE REGULATIONS. See Is- TERSTATE COMMERCE; SUNDAY.
Authority to build short connect- ing railroad under act author- izing formation of railroad com- panies. National Docks & N. J. J. C. R. Co. v. State (N. J.), 87. "Railroad" and "Railway" as synonymous terms, 57 n. RAILROAD COMMISSIONERS. Removal of cause. Suit by state commissioners to enforce regu- lations cannot be removed, ai- though citizenship is diverse, and federal question is involved. Dey v. Chicago, M. & St. P. R. Co. (C. C.), 17.
Regulation of passenger rates. See TICKETS AND FARES. See LEASE; PRO-
RATIFICATION.
Parties to action to try title to land; receivers as. San An- tonio & A. P. R. Co. v. Ruby (Tex.), 205 n.
Service of process on authorized agents of company. Effect of subsequent appointment of re- ceiver. Simpson v. East Tenn., V. & G. R. Co. (Tenn.), 373 ". REMOVAL OF CAUSE. Action against lessor and lessee
of railroad. Removal of cause by one defendant. Spangler 2. Atchison, T. & S. F. R. Co. (C. C.), 372 n. Condemnation proceedings. Re- moval to federal court of pro- ceedings in state court to con- demn right of way. Kansas C. & T. R. Co. v. Interstate L. Co. (C. C.), 25 n. Consolidation of railroad com- panies of different states. Di- verse citizenship. Suit against consolidated company. Paul. Baltimore O. & C. R. Co. (C. C.), 372 n.
Jurisdiction of federal court over removed case which could not originally have been brought in that court, 25 n. Railroad commissioners; suit by, to enforce regulations cannot be removed to United States
REMOVAL OF CAUSE-Continued.
court. Dey v. Chicago, M. & St. P. R. Co. (C. C.), 17.
REPORTS. See PENALTY. RESIDENCE. See CORPORATION. RIGHT OF WAY. See CONVEYANCE; EMINENT DOMAIN.
Contract between railroad com- pany and land owner for right of way. Institution of condem- nation proceedings by land owner. Temporary injunction. Harvey v. Kansas, N. & D. R. Co. (Kan.), 247 ".
Duration of easement acquired in right of way. See EMINENT Do- MAIN, Right and title acquired. Ejectment may be maintained against company for roadbed used without consent or author- ity of law. Jacksonville, T. & K. W. R. Co. v. Adams (Fla.), 206.
Grant of right of way.. Agree- ment to restore highway. See CONVEYANCE.
Public land; right of way across. Judicial notice of company's right. Map of right of way. McKeoin v. Northern P. R. Co. (C. C.), 269 n.
RULES AND REGULATIONS. Depot privileges; grant of, to hackmen. See STATIONS. Freight trains. Regulation that such train cannot be required to stop at platform of station to take on or put off passengers, held valid. Connell v. Mobile & O. R. Co. (Miss.), 461 n.
rule forbidding that such trains shall receive passengers at some other place than station or platform, is reasonable. Browne v. Raleigh & G. R. Co. (N. Car.), 544.
Passenger. Rule forbidding pas- senger to stand on platform while car is in motion, is rea- sonable. McCauley v. Tennes- see C., I. & R. Co. (Ala.), 580. Rule forbidding trains to pass between station and another train discharging passengers; evidence as to, in action for in- jury to passenger run over at station. Lake Shore & M. S. R. Co. v. Ward (Ill.), 533 n. SERVICE OF PROCESS.
Authorized agents; service of process on. Effect of subse-) 47 A. & E. R. Cas.-46
SERVICE OF PROCESS-Continued. quent appointment of receiver Simpson v. East Tenn., V. & G. R. Co. (Tenn.), 373 n. Publication; order of, to enforce rights of stockholders where members of board are non-resi- dents. Cross v. West Virginia C. & P. R. Co. (W. Va.), 381. Regular" ticket agent; service of process on. Defective re- turns. Tallman v. Baltimore & R. Co. (C. C.), 373 n. SIDETRACKS. See CONTRACTS;
CONSTRUCTION.
SLEEPING CARS.
Berths. Duty of sleeping car company to sell. Sale of whole section to one person. Refusal of conductor to sell occupied berth for future use. Searles v. Mann Boudoir C. Co. (C. C.), 420 n.
Contract between sleeping car company and railroad company construed. Loss of car by fire held to be an "accident or cas- ualty." Chicago, St. L. & N. O. R. Co. v. Pullman S. C. Co. (U. S.), 424.
Stipulation for exclusive rights to furnish such cars, held not to be in restraint of trade. Chicago, St. L. & N. O. R. Co. v. Pullman S. C. Co. (U. S.), 424.
Destruction of car by fire. Liability of railroad company. Effect of collection of insurance. Chicago, St. L. & N. O. R. Co. v. Pullman S. C. Co. (U. S.), 424. Destruction of car by fire while in exclusive possession of sleeping car company. Railroad com- pany not liable under terms of contract. Chicago, St. L. & N. O. R. Co. v. Pullman S. C. Co. (U. S.), 424.
in railroad company's yard. Railroad company held liable under terms of contract. Chi- cago, St. L. & N. O R. Co. v.
Pullman S. C. Co. (U. S.), 424. Husband and wife each contract- ing for a berth, may be refused permission to occupy but one of them. Pullman P. C. Co. v. Balles (Tex.), 416.
have right to occupy same berth. Pullman P. C. Co. v. Balles (Tex.), 416.
SLEEPING CARS-Continued. Loss of passenger's valuables. Company is liable if it fails to have employe continually on duty in car. Carpenter v. New York, N. H. & H. R. Co. (N. Y.), 421.
Loss or theft of passenger's ef- fects. Liability of sleeping car company, 423 n.
Torts of servants. Liability of sleeping car company for act of porter or conductor in discharg- ing passengers at place not a station. Pullman P. Car Co. v. Smith (Tex.), 420 n. SPECIFIC PERFORMANCE. Contract to make up deficiency in net earnings; equity held to have no jurisdiction to enforce, on ground that accounting was necessary. Bradford, E. & C. R. Co. v. New York, L. E. & W. R. Co. (N. Y.), 374. Contract to make up deficiency in
net earnings; unforeseen in- solvency of company sufficient reason for denying specific per- formance. Bradford, E. & C. R. Co. v. New York, L. E. & W. R. Co. (N. Y.), 374. Contract to make up deficiency in net earnings of another com- pany to pay interest, not spe- cifically enforced where obliga- tion to repay such advances would arise on demand. Brad- ford, E. & C. R. Co. v. New York, L. E. & W. R. Co. (N. Y.), 374.
Lease of trackage rights. Specific performance of contract forced in court of equity, rental not being inadequate and effect of contract not being to permit disastrous competition. Chi- cago, R. I. & P. R. Co. v. United Pac. R. Co. (Neb.), 340. Specific performance of contracts with railroad companies, 358 n. STATIONS.
Condemnation of land for depot ground, company does not take a fee but only an easement. Lyon v. McDonald (Tex.), 217.
for station grounds. See EMINENT DOMAIN, Exercise of Right.
for station purposes. Com- pany permitting third party to use premises for private busi-
Failure of company to provide platform or lights at station, or to render passengers assistance. Alexandria & F. R. Co. v. Herndon (Va.), 529 n. Passengers run over at stations. See PASSENGers. Platform. Company does its duty, when it provides platform that may be used without dan- ger by passengers. Graham v. Pennsylvania Co. (Pa.), 522.
at station constructed by ho- tel proprietor. Liability of pro- prietor and railroad company for injury to passenger. Wat- son v. Oxanna L. Co. (Ala.), 530 n.
Evidence as to similar acci- dents in other stations, in ac- tion for injuries caused by de- fective platform. Brady v. Manhattan R. Co. (N. Y.), 528 #.
Injury to person going from car upon. Two exits from car; one safe and the other unsafe. Missouri P. R. Co. v. Long (Tex.), 530 n.
passenger falling off. Going from depot in unusual direction. Unsafe passageway. Absence of light. Texas & P. R. Co. v. Brown (Tex.), 530 n.
want of ordinary care in us- ing, is a bar to recovery for in- juries. Graham v. Pennsyl vania Co. (Pa.), 522.
STOCK AND STOCKHOLDERS. Conditional sale of stock.
Agree- ment to elect vendor president. Fraud. Cancellation of agree- ment. Lealey v. Loveridge (Md.), 372 n
Contract for construction of rail- road by stockholder owning nearly all the stock. Donoghue
v. Indiana & L. M. R. Co. (Mich.), 307 n.
Election of directors. Cumulative voting. See OFFICERS.
Personal liability of stockholders.
Claims for labor in construc- tion of road. Sufficiency of com- plaint. Toner v. Ferguson
(Ind.), 372 n. Promoters; contract to issue stock in consideration for services. See PROMOTERS.
STREETS AND HIGHWAYS. Appropriation of railroad track lengthwise for highway, 39 n. Eminent domain. Municipal cor- poration cannot take for a street land used for a railroad track. Such proceedings will be en- joined. Seymour v. Jefferson, ville, M. & I. R. Co. (Ind.), 38. Laying out highway across rail- road track; damages to which company is entitled, 161 n. Widening street. Damages to be allowed railroad which has con- structed embankments and bridges and carried its track over such street. Kansas City v. Kansas City B. R. Co. (Mo.), 157.
STREET RAILWAYS.
Electric railway does not impose additional burden on street such as renders compensation to abutting owners necessary. Lockhart v. Craig St. R. Co. (Pa.), 57.
Electric railway in streets not an additional burden giving abut- ting owners right to compensa- tion, 64 n.
; injunction will not lie to restrain construction and opera- tion of, on the ground that no provision has been made for securing compensation to lot owners. Lockhart v. Craig St. R. Co. (Pa.), 57.
Ordinary street railway com- pany held entitled to construct and operate electrical street
existence of partnership. Gran- ier v. Louisana, W. R. R. Co. (La.), 481 n.
Evading payment of fare by in-
ducing conductor to carry with- out charge; such persons con- not claim right of passengers. McVeety v. St. Paul, M. & M. R. Co. (Minn.), 471.
held to constitute "public offense" within meaning of stat- ute. Dyer v. Placer County (Cal.), 471 n.
Excessive passenger charges. Ad- dition of bridge toll. St. Louis & S. F. R. Co. v. Stevenson (Ark ), 471 n. Excursion ticket sold for special train hired by third party; sale of ticket held to constitute con-
TICKETS AND FARES-Continued. | TICKETS AND FARES-Continued.
tract binding on carrier.
v. Harris (Tex.), 473. Excursion train under manage- ment of third party; liability of company to passengers travel- ing on, 476 n.
Expulsion of passenger for failure to pay fare. Right of passenger to rely on conductor's statement as to amount he would be re- quired to pay. Georgia R. & B. Co. v. Murden (Ga.), 480 n. Failure to pay fare. Conductor cannot expel passenger where tender is made before train has been stopped; no matter who makes such tender. Ham v. Pres- sident, etc., D. & H. C. Co. (Pa.), 635 n.
Failure to procure ticket; expul- sion of passenger for. Company liable where there was no ticket office at station where passenger got on. Eddy v. Rider (Tex.), 634 n.
Failure to produce ticket or pay fare. Expulsion of passenger, 610 n.
be expelled, although he has paid his fare to his destination to another conductor, who in- formed him he could stop over. Peabody v. Oregon R, & N. Co. (Or.), 598.
Mistake by agent in selling ticket to wrong destination. Ejection of passenger. Damages. Geor- gia R. & B. Co. v. Murden (Ga.), 480 n.
of conductor as to station in- dicated, is no excuse for wrong- ful expulsion of passenger. Georgia R. & B. Co. v. Eskew (Ga.), 635.
of conductor in collecting in- sufficient fare. Expulsion of passenger without first return- ing amount paid. Wardwell v. Chicago & St. P. R. Co. (Minn.), 482.
of conductor in collecting in- sufficient fare. Retaining amount of fare to station at which passenger was expelled. Wardwell v. Chicago, M. & St. P. R. Co. (Minn.), 482.
of conductor in collecting in- sufficient fare. Right of pas- senger after refusing to pay ex-
tra fare, to pay extra fare and be carried destination. Wardwell v. Chicago, M. & St. P. R. Co. (Minn.), 482. Mistake of conductor in collecting fare. Right to require pas- senger to pay additional amount on discovery of mistake. Ward- well v. Chicago, M. & St. P. R. Co. (Minn.), 482.
of conductor in collecting in- sufficient fare. Waiver of right
to recover additional amount. Wardwel! v. Chicago, M. & St. P. R. Co. (Minn.), 482. Overcharge. Voluntary payment of, held not to preclude recovery of statutory penalty. St. Louis & S. F. R. Co. v. Gill (Ark.), 462. Regulation of rates. Foreign com- pany held subject to legislation. Reduced passenger fares. St. Louis & S. F. R. Co. v. Gill (Ark.), 462.
justice of, must be deter- mined by effect on net earnings of entire line, and not by effect on given subdivision. St. Louis & S. F. R. Co. v. Gill (Ark.), 462.
- Reasonableness and justice of statutory regulation, 471 #.
The fact that railroad is made post and military route and has been granted right of way by general government, does not give immunity from. St. Louis & S. F. R. Co. v. Gill (Ark.), 462. "Round trip tickets." Detachment of wrong coupon by conductor, 479 n. Mistake of conductor in returning
wrong coupon to passenger. Company held liable for expul- sion of passenger on return trip. Kansas City. M. & B. R. Co. v. Riley (Miss.), 476.
Return coupon; validity of, in hands of purchaser from orig. inal holder. Hoffman v. North- ern P. R. Co. (Minn.), 476 n. Scalper's ticket conditioned to be void if transferred. Right to collect fare. Drummond Southern P. R. Co. (Utah), 480 n. Speculation in
fact that person went on train
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