DIVIDENDS, Continued.

nor compel directors to declare, out of surplus earnings, II. 336, 337.
liability of directors for fraudulent, I. 141.

should be paid out of profits only, I. 141.

tax on, exclusive, II. 394.

when declared and how payable, I. 151; II. 446; II. 610-612.

should be paid to registered owner, where shares held in trust, I. 151.
equity will protect rights of cestui que trust, I. 152.

cannot be made in money to some and stock to others, II. 446, n. 4.
declared only out of net earnings of company, II. 610.

right of shareholders to, several, but joint in the fund, II. 610, 611.
and cannot be enjoined at suit of one shareholder, II. 611.

but future dividends may be so enjoined, II. 611.

perhaps even those already declared by bill properly framed, II. 611.
lien upon shares extends to, II. 611.

surety may claim benefit of, II. 612.

action will not lie for till after demand, II. 612.

on preferred stock. (See RAILWAY INVESTMENTS.)

owner of preferred stock may enjoin company from making, while a
deficit in funds, II. 329, 330, n.

right of holders of scrip certificates to, II. 612, n. 6.

party entitled to, where stock fraudulently transferred, II. 613–616.
fraudulent transferee not entitled to, II. 613.

bonâ fide purchaser is, II. 613 and n. 1.

owner may forfeit claim, II. 614-616.

one who buys of registered owner may hold against company, II. 616.
review of cases, II. 613-615.

transfer agent cannot bind company by representations of owner-
ship, II. 616.

guaranty of, upon railway shares, II. 616–618.

rule of damages, for breach of such contract, II. 616, 617.

company not liable, unless bound to keep animals off their track,
I. 465, 466.

some cases go even further in favor of company, I. 466.

where animals wrongfully abroad, I. 466.

on land where company not bound to fence, I. 467.

where company bound to fence primâ facie liable, I. 467.

owner in fault, I. 468.

company liable for gross neglect or wilful injury, I. 468, 469.

or if they might have avoided the injury, I. 469, 470.

owner cannot recover if he suffer his cattle to go at large near train,

I. 469.

required to keep gates closed, I. 470.

not liable for proper use of engines, I. 473, 474, 475.

DOMESTIC ANIMALS, Continued.

questions of negligence determined by jury, I. 473, 475.

by court, where testimony not conflicting, I. 473.

company liable for remote consequences of negligence, I. 474.
where statutory duty neglected, I. 474, 475, 480, 481.

one who suffers animals to go at large can only recover for gross
negligence, I. 475, 476.

testimony of experts as to management of engines, I. 476.

one who suffers cattle to go at large must run risks, I. 476, 477.
company owe primary duty to passengers, I. 477.

in Maryland, company liable unless for unavoidable accidents, I.
477, 478.

in Indiana, common-law rule prevails, I. 478.

modified by statute in Missouri, I. 478.

in California, cattle may lawfully go at large, I. 478, 479.

late cases in Illinois, I. 479, 480.

weight of evidence and presumption, I. 480.

company not liable except for negligence, I. 480.

must use all statutory and other precautions, I. 480, 481.

where company made liable absolutely, requisite proof, I. 499.
not liable for animals injured by fright, I. 493.

nor at railway crossings, I. 493.

cattle-guards to be maintained at road-crossings, I. 494.

not responsible for damage at points not proper to be fenced, I. 496,

497.

against what animals company bound to fence, I. 499–505.

at common law every owner must see to his own cattle, I. 499.
only bound to fence against cattle rightfully on other's land, I. 499,
500.

agreement with land-owner to fence, excusing damage to cattle, I.

501.

owner may recover unless guilty of express neglect, I. 501.

rule in Connecticut, I. 501, 502.

in Massachusetts, I. 502, 503.

in Kentucky, I. 503, 504.

in Ohio, I. 504.

in Indiana, I. 504.

distinction between suffering cattle to go at large and accidental
escape, I. 504, 505.

not liable for injury to trespasses, unless wilful, I. 543.

statute providing compensation for animals killed constitutional, II.

DRAINAGE.

444.

by cuts made for grading railway, I. 264.

DUMMY ENGINES.

consideration of advantages of, etc., I. 657-659.

EASEMENT.

taken for highway, I. 264, 265.

EJECTMENT.

E.

not maintainable against railway, I. 358.

is maintainable for entry against statute, I. 365.
not maintainable under mortgage of toll, II. 507, 508.
ELECTION.

of directors.

not set aside because inspectors not sworn, I. 82.

of owner, as to whole of premises being taken by company. (See LAND-
OWNER.)

ELEEMOSYNARY CORPORATIONS.

are private, II. 474.

including colleges, academies, and churches, II. 474.
EMBANKMENTS.

part of railway, I. 382, 383.

may extend beyond limits of deviation, I. 388, 389.
defectively constructed, company liable for, II. 9, n. 1.

EMINENT DOMAIN.

definition of the right, I. 229.

distinct from public domain, I. 230.

necessary for intercommunication, I. 229.

necessary attribute of sovereignty, I. 230.

antiquity of its recognition, I. 230, 231.

limitations upon its exercise, I. 230, 231.

resides in the States of the Union principally, I. 231.

they may authorize construction of railway through land owned by

U. S., I. 231, n. 4.

in navigable waters, I. 232.

in rivers above tide-waters, I. 232.

through land owned by United States, I. 231, n. 4.

legislative grant indispensable, I. 233.

duty of making compensation, I. 231, 234, 256, 281.

extent of right, I. 258.

mode of estimating compensation, I. 269–280.

when to be made, I. 280, 286.

consequential damages, I. 234.

such grants strictly construed, I. 234, 235.

limitation of power to take lands, I. 235, 236.

rule of construction in the American courts, I. 237.

strict but reasonable construction, I. 237.

rightly acquired by company, I. 238.

limited by the grant, I. 238.

interference of courts of equity, I. 236.

conditions precedent, I. 239-241.

EMINENT DOMAIN, Continued.

must be first complied with, I. 239–241.

and this must be alleged in petition of company, I. 239, 240.

when title vests in company, I. 240.

filing location notice to subsequent purchasers, I. 240.

subscriptions payable in land without compensation enforced in
equity, I. 241.

preliminary surveys, I. 241 – 244.

may be made without compensation, I. 241.

and company not trespassers, I. 242.

for what purposes company may enter upon lands, I. 242.
liable for materials, I. 243.

location of survey, I. 243, 244.

power to take temporary possession of public and private ways, I. 244.
damage to be compensated, and road restored, or new one substi-
tuted, I. 244.

remedy for obstruction of private way, I. 244.

land for ordinary and extraordinary purposes, I. 244 – 247, 249, 250.
may take for all necessary uses, I. 244–246.

by railway in another state, I. 246, 247.

title acquired by the company, I. 247 – 255.

have only right of way, I. 247.

can take nothing from soil, but for construction, I. 247, 248.
deed in fee simple to company, I. 248, 249.

extent of right to cross railway, I. 250.

conflicting rights of different companies, I. 250.

rule in American courts, I. 250, 251.

right to use streets of a city, I. 252.

law not the same in all the states, I. 252.

rule in Massachusetts, I. 253.

reverter of land to the owner, I. 253, 254.

conditions must be performed, I. 254.

condemnation cannot be impeached, I. 254, 255.

where public acquire fee, will never revert to grantor, I. 255.

corporate franchises condemned, I. 255 – 262.

road franchise may be taken, I. 255, 256.

railway franchise may be taken, I. 256.

rule defined, I. 256, 257.

constitutional restrictions not well defined, I. 257.

must be exclusive in terms, I. 257, 258.

legislative discretion, I. 258.

exclusiveness of grant, subordinate franchise, I. 259.

legislature cannot create franchise above eminent domain, I. 259.

may apply streets in city to public use, L. 260 262.

mode of estimating compensation.

(See COMPENSATION.)

EMINENT DOMAIN, Continued.

appraisal includes consequential damages, I. 287 – 294.*

action for consequential damages, I. 294 – 297.

right to occupy highway, I. 244, 298 – 322.

(See HIGHWAY.)

conflicting rights of different companies, I. 323.

railway company subservient to another, can only take of the former land
enough for its track, I. 323.

where no apparent conflict in route, first located acquires superior right,
I. 323.

right to build over navigable waters, I. 324 – 333.

legislature may grant the right, I. 324.

riparian proprietor owns only to the water, I. 325.

his rights in the water, subservient to the public use, I. 325.

legislative grant paramount, except as to national rights, I.

326.

state interest in flats, where tide ebbs and flows, I. 327-330.
rights of adjoining owners in Massachusetts, I. 330.

railway grant to place of shipping, I. 330.

principal grant carries its incidents, I. 330.

grant of a harbor includes necessary erections, I. 330, 331.

large rivers held navigable in this country, I. 331.

land cut off from wharves injuriously affected, I. 331, 332, 334.
infringement of paramount rights of Congress creates nuisance, I.

332.

party specially injured may have action, I. 332.

obstruction, if illegal, a nuisance per se, I. 333.

obstruction of streams, I. 333 - 335.

cannot divert streams without compensation, I. 333.
company liable for defective construction, I. 333.

so also if they use defective works built by others, I. 333.

liable to action where mandamus will not lie, I. 334.

and for defective works done according to their plans, I. 334.
when railway cuts off wharves from navigation, I. 334, 335.

obstruction of private ways, I. 335, 336.

matter of fact, need not be illegal, I. 335.

farm-road on one's own land not a private way, I. 335, 336.

power of railway to pass along public street, I. 336.

statute remedy exclusive, I. 336 – 340.

but if company do not pursue statute, liable as trespassers, I. 337,

338.

liable for negligence also, I. 338.

courts of equity often interfere by injunction, I. 338.

right at law must be first established, I. 339.

where statute remedy fails, that at common law exists, I. 339.

general rule adhered to in America, I. 339, 340.