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Company not bound to make delivery of ordinary freight
2
But as matter of evidence it is received with caution
3
The same rule established by an early American case Statement
4
Injunction against different lines so connecting as to create com
5
Is liable for loss in price during delay caused by his fault
7
After this carrier only liable for ordinary neglect
8
Will not excuse for negligence
9
Qualified exemptions held valid and inviolable
10
Last carrier in the route may detain goods till whole freight paid
13
Warehousemen who are carriers held responsible as carriers on
14
There can be no question in regard to relief in Circuit Court
17
Carrier cannot charge for carrying to and from depot unless
21
5 Express companies should deliver at place of business of con
25
Contract of company with local carriers only temporary 33
33
SECTION VI
46
64
65
78
79
SECTION XI
95
457
106
SECTION XIII
109
SECTION IX
120
SECTION XVII
122
SECTION XVIII
127
459
150
Lien does not cover expense of keep
156
Carrier must deliver goods in a reasonable time or according to
161
19
172
CHAPTER XXIV
174
Duty extends to everything connected with the transportation 174 177 3 But will not extend to an insurance of safety 178
178
Will make no difference if passenger does not pay fare 184
184
So too where the train is hired for an excursion or is under con trol of state officers
186
Passenger carriers not responsible for accidents without fault
187
They must adopt every precaution in known use 189
189
10 11 and notes Further discussion of the rule and the cases
190
SECTION II
191
Not liable where plaintiffs fault contributes directly to injury 192
192
Company liable for wilful misconduct or such as plaintiff could not avoid
194
Plaintiffmay recover for gross neglect of company although in fault 195 6 May recover although riding in baggage car 195
195
Company do not owe such duty to wrongdoers
196
ting the injury 197 11 Negligence to be determined by the jury where evidence conflicts 197
197
Plaintiff must be lawfully in the place where injured
198
Passengers bound to conform to regulations of company and direc tions of conductors
199
Proof of negligence on plaintiff
200
The degree of precaution required of passengercarriers
201
What concurrent negligence will preclude from recovery
202
SECTION XXV
220
ration
225
SECTION X
227
LIABILITY WHERE ONE COMPANY USES THE TRACK OF ANOTHER
233
388
237
CHAPTER XXX
238
nation
241
SECTION I
257
Costs rest in the discretion of court
263
Now granted in all cases where of value and sufficiently permanent 270
270
Public duties of corporations may be so enforced
275
Mandamus more proper remedy than injunction
276
Cannot be substituted for certiorari when that is taken away
278
Other instances of its application
279
Does not lie to try the legality of an election
281
May show want of funds to perform duty 282
282
But cannot show that road is not necessary or would not be remuner ative
283
Will not quash return summarily
284
SECTION VII
285
The enforcement of payment of money against corporations by man 2 Where debt will lie the party not entitled to mandamus
286
Mandamus proper to compel payment of compensation under statute 286 287 4 Mandamus not allowed in matters of equity jurisdiction
287
Where a statute imposes a specific duty an action will lie
288
registry of the name of the owner of shares and in other cases
290
EQUITABLE INTERFERENCE IN REGARD TO THE WORKS
316
SECTION V
322
210
323
Equity will not restrain railway companies from petition for enlarged
326
Courts of equity will not interfere in matters remediable by share
330
212
337
Goods only damaged owner bound to receive them and the amount
339
Statement of facts and mode of procedure in such a case
343
Where general property in consignee he should
346
SECTION VI
349
Will
355
Company liable to deliver passenger according to contract 213 214
357
VOL II
363
INDICTMENTS AGAINST RAILWAY COMPANIES
367
172
369
But company must not unnecessarily interfere with comfort of others
374
Rule stated in Ireland 202 203
378
537
387
229
390
Are competent to show state of health in connection with other facts
396
4 and n 2 Some courts and judges have dissented from the general
402
POWER OF THE LEGISLATURE TO IMPOSE RESTRICTIONS UPON EXISTING CORPORATIONS
428
finished
445
The United States Constitution secures to nonresident citizens
448
The real question involved in the whole case is settled by the act
471
know not what to expect
472
In this country railway bonds issued in blank may be filled
494
Such gift by parollately maintained in England
501
Where no question of lex loci raised
507
583 584
521
OPINION IN CASE OF KNAPP AND MILLER V RUTLAND AND WASHINGTON RAILWAY
553
But notice to all the trustees will not aid the plaintiffs
554
VOL II
593
Sometimes held that no action will lie on the coupons
604
Company excused by giving proper notice of the course of their trains
606
If the party sending the message is the actor that received at the
610
PARTY ENTITLED TO DIVIDENDS WHERE STOCK HAS BEEN FRAUDULENTLY TRANS
613
CHAPTER XXXV
619
Will interfere to enforce public duty rather than a private
621
SECTION XXVI
627
ASSIGNMENTS BY RAILWAYS IN CONTEMPLATION OF INSOLVENCY
634
No franchise of a private corporation more vital than that of self
637
SECTION III
641
LEGISLATIVE SUPERVISION POLICE OF RAILWAYS
644
Municipal authorities cannot give permission to lay rails in the pub
652
Consent of the shareholders necessary in this country But acquies
658
WHAT AMOUNTS TO AN AMALGAMATION OF RAILWAY COMPANIES
659
SECTION II
665
SECTION I
668
The questions arising on the Smith mortgage are such that it is
671
toll to be attached on mesne process and sold on execution
672
TO 235 237 ante pp 507 598
704
Debentures issued without authority cannot be enforced by share
714
Must be forwarded according to bill of lading
723
Special contract limiting responsibility valid
734
Case of refusal to pay charges demanded and return of goods before
737
The nature of the claim
738
20 21
748
Where charter creates lien it is paramount to all others
756
Conclusion The tax is void for many reasons
764
21 22
778
Such grants construed strictly Any excess of authority becomes
789
479
807
Company not bound to carry where carriages full
814
RIGHTS AND REMEDIES OF BONDHOLDERS AND MORTGAGEES
824
Debentureholders preferred to judgmentcreditors
827
It often becomes necessary to put railways into the hands of receivers
828
480
849

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203 페이지 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
186 페이지 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
385 페이지 - It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citi/ens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
257 페이지 - 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.
482 페이지 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
263 페이지 - 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.
346 페이지 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
101 페이지 - It is unfortunate for the interests of commerce that there is any diversity of opinion on such a subject, especially in this country; but the rule that holds the carrier only liable to the extent of his own route, and for the safe storage and delivery to the next carrier, is in itself so just and reasonable that we do not hesitate to give it our sanction.
433 페이지 - The continued existence of a government would be of no great value if by implications and presumptions it was disarmed of the powers necessary to accomplish the ends of its creation, and the functions it was designed to perform transferred to the hands of privileged corporations.
269 페이지 - 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...

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