NOTE. The mode of citing the American and English Railroad Cases is as follows:
This index contains references to both the decisions and the notes.
ABANDONMENT.
Right of way; abandonment of. See RIGHT OF WAY.
ADVERSE POSSESSION. See RIGHT OF WAY.
Title to right of way. See RIGHT OF WAY.
ARBITRATION.
Appropriation of land for right of way. Damages. See RIGHT OF WAY.
Misconduct of counsel in address- ing jury. See TRIAL.
Bona fide holder of bonds issued in excess of amount allowed by law held to have a lien on mort- gage property; but parties with notice of invalidity of mortgage occupy no better position than company itself. Fidelity I. T. & S. D. Co. v. Western Penn. & S. C. R. Co. (Pa.), 323 n.
participant in fraud render- ing bonds invalid held not to be. Smith v. Florida C. & W. R. Co. (C. C.), 323 n.
purchaser of bonds held to be, under circumstances, and en- titled to be paid out of proceeds of foreclosure sale. Kneeland v. Lawrence (U. S.), 319.
purchaser of overdue bonds from vice-president after suit to foreclose had been begun, held not to be. American L. & T. Co. v. St. Louis & C. R. Co. (C. C.), 323 n.
before maturity takes coupon
BONDS-Continued.
bonds freed from equities. Bur- den of proof is on one assailing bona fides. Kneeland v. Law- rence (U. S.), 319.
Boda fide purchaser of negotiable bonds before maturity acquires title. 322 n. Bondholders; right of, to be made party to proceedings by com- pany to dissolve injunction for- bidding company to lay tracks. In re Ferris (Conn.), 352 n. Cancellation of bonds and mort- gages; action by bondholders and another company charging fraud in obtaining decree. Suf- ficiency of allegations. Beals v. Illinois, M. & T. R. Co. (U. S.), 351 n. Consolidated company held liable on contract of one of old com- panies to exchange stock for bonds. Day v. Worcester, N. & R. R. Co. (Mass.), 324. Consolidation. Exception by statute of mortgages from lia- bility of new company held not to except bonds secured by mortgage. Polhemus v. Fitch- burg R. Co. (N. Y.), 330. Coupons detached when past due; delivery by president of com- pany to his wife. Collection enjoined. Chicago & G. T. R. Co. v. Turner (Mich.), 324 n.
Overdue coupons detached held not entitled to preference in payment. Wood v. Guaran- tee T. & S. D. Co. (U. S.), 352 n.
BONDS-Continued. Coupons; party advancing money to take up, under private ar- rangement with mortgagor to treat him as purchaser; agree- ment not enforceable against bondholders. Fidelity I. T. & S. D. Co. v. Western Penn. & S. C. R. Co. (Pa.), 352 n. Exchange of stock for bonds. Ex- ercise of option. Reasonable
time. Notice. Catlin v. Green (N. Y.), 328 n. Foreclosure sale. Purchase of road by bondholders. Exercise by bondholders of option to come in. Landis v. West Penn. R. Co. (Pa.), 352 n. Guaranty by state.
Decree that branch road is not subject to lien of mortgage to secure bonds. Guaranty by state held invalid. Central T. Co. v. Florida R. & N. Co. (C. C.), 370.
Increase of corporate indebted-
ness. Constitutional provisions held not applicable to company chartered before its adoption. Gloninger v. Pittsburg & C. R. Co. (Pa.), 276.
fictitious; validity of bonds issued to innocent purchaser under constitutional provision, prohibiting. Fidelity I. T. & S. D. Co. v. Western Penn. & S. C. R. Co. (Pa.), 351 n. Interest; extension of time of payment. Power of majority of bondholders. McClelland v. Norfolk S. R. Co. (N. Y.), 351 N.
Issue of bonds for benefit of an- other company owning majority of stock; transaction considered and bonds held valid. Glonin-
ger v. Pittsburg & C. R. Co. (Pa.), 276.
Leased line; bondholders of, have no lien on rents until they take possession or move for receiver. Frank v. New York, L. E. & W. R. Co. (N. Y.), 356. Municipal aid bonds; amendment of charter so as to provide for payment of, from proceeds aris- ing from sale. Hill v. Glasgow R. Co. (C. C.), 353 n. Pacific railroad bonds. Payment of percentage to United States. What constitutes current ex-
penses. U. S. v. Central Pac. R. Co. (U. S.), 351 n. Pledge of bonds. Foreclosure proceedings. See MORTGAGE, Foreclosure.
Power to borrow money and issue bonds need not be conferred by express authority where com- pany has power to mortgage. Gloninger v. Pittsburg & C. R. Co. (Pa.), 276. Rights of bondholders.
as company is going concern bondholders cannot seize earn- ings deposited in bank. Rem- edy is by appointment of re- ceiver. Phelps v. St. Cather- ines & N. C. R. Co. (Ont.), 336. Second mortgage bondholders. Setting aside foreclosure sale. See MORTGAGE, Foreclosure. Subscription to railway bonds; contracts of, 351 ".
Subscription; under terms of, purchaser of bonds held at lib- erty at any time to pay price and demand bonds. Watjen v. Green (N. J.), 343-
BRANCH ROADS.
Connecting lines; statute impos- ing liability for loss or injury by, held constitutional. Dimmitt v. Kansas C. St. J. & C. B. R. Co. (Mo.), 699. Limitation of liability to particular amount. Stipulation for valu- ation of $50 in receipt of express company upheld. Pacific Ex- press Co. v. Foley (Kan.), 680.
Validity of stipulations lim- iting carrier's liability to partic- ular amount, 698 n. Posting rates. Certain rules of the railroad commission held not inapplicable to the defend- company but should be posted as other rules. State v. Pensacola & A. R. Co. (Fla.), 704.
Company must keep rates continuously posted. Furnish- ing posters to agents held not to answer the public duty im- posed on company. State v. Pensacola & A. R. Co. (Fla.), 704.
Posting rates. Court cannot by mandamus direct the size of type schedule should be printed in. State v. Pensacola & A. R. Co. Fla.), 704.
Rule of commissioners held not to require that schedule of passenger rates should state dis- tance between stations. State v. Pensacola & A. R. Co. (Fla.), 704.
Schedule in two parts held not of itself to be a violation of rule. State v. Pensacola & A. R. Co. (Fla.), 704.
Special rates need not be posted under rule of railroad commission. State v. Pensaco- la & A. R. Co. (Fla.), 704.
Sufficiency of schedule of passenger rates posted by de- fendant to comply with order of railroad commission. State v. Pensacola & A. R. Co. (Fla.), 704.
Sufficiency of schedule posted in regard to distance between stations. State v. Pensacola & A. R. Co. (Fla.), 704.
What constitutes a sufficient posting of rates and classifica- tions to comply with order of railroad commission. State v. Pensacola & A. R. Co. (Fla.),
Authority to lay tracks in street.
See STREETS AND HIGHWAYS. Charter contract with street rail- way company as to paving. See STREET RAILWAYS.
Foreign corporation. Filing copy of charter. See FOREIGN COR- PORATION.
Forfeiture by failure to construct road, 257 n.
for failure to construct and complete road in time pre- scribed. Elevated road not sub- ject to provisions of general rail- road act. In re Brooklyn El. R. Co. (N. Y.), 251.
for non-performance of condi- tions; individual cannot set up, in condemnation proceedings in- stituted by company. In re Brooklyn El. R. Co. (Ñ. Y.), 251.
Non-performance of condi- tions does not work ipso facto dissolution corporation. Corpo- 46 A. & E. R. Cas-46
ration is simply exposed to pro- ceedings by state. In re Brook- lyn El. R. Co. (N. Y.), 251. Special charter. Incorporation of railway. See INCORPORATION. COAL SHEDS. See NUISANCE. COLLISION.
Street cars colliding with vehicles on track. See STREET RAIL- WAYS.
CONNECTING LINES. See CAR-
Junction of railroads "at" city. See LOCATION. CONSOLIDATION.
Act of congress held to have rec- ognized consolidated company as same company to which grant was made. U. S. v. Southern Pac. R. Co. (C. C.), 395. Bonds; contract to exchange stock for, company consisting of two other corporations consoli- dated held liable on. Day v. Worcester, N. & R. R. Co. (Mass.), 324.
Exception by statute of mort- gages from liabilitity of new company held not to except bonds secured by mortgage. Polhemus v. Fitchburg R. Co. (N. Y.), 330.
Condition; legislature may re- quire as, that old companies shall not cease to exist. Day v. Worcester, N. & R. R. Co. (Mass.), 324.
Liability of consolidated company on debts and contracts of con- stituent corporations, 328 n. New corporation substantially the same as company mentioned in act of congress. Consolidation authorized by congress as well as by state. U. S. v. Southern Pac. R. Co. (C. C.), 395. "Railroads; constitutional pro- vision forbidding consolidation of, held not applicable to street railways. Gyger v. Phila. City Pass. R. Co. (Pa.), 229 n. Successors and assigns; land grant to company and. Consol- idated company held within pro- visions of grant, being the suc- cessor or assign. U. S. V. Southern Pac. R. Co. (C. C.), 395.
Title to real estate. See LANDS.
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