The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods and Passengers, Constitutional Law, Investments, &c., &c., Telegraph Companies

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Little, Brown,, 1867

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Omnibus lines and railways common carriers ex vi termini
15
SECTION IV
30
English statute requires packed parcels to be carried by weight
36
SECTION VI
46
65
66
But as matter of evidence it is received with caution 75
71
bind the owner
79
General result of all the cases
80
The rule under the English statute stated and illustrated 81 82
81
SECTION X
82
13 14 and n 22 Review of English cases bearing in opposite direction 9094
90
No universal rule upon the subject of equitable interference
92
SECTION XI
95
The English cases do not seem to recognize it
96
So in carrying dogs and horses may require value to be stated
97
Same point further illustrated
98
SECTION XII
99
Case of refusal to pay charges demanded and return of goods before reasonable time
107
SECTION XIII
109
SECTION XVI
120
SECTION XVIII
127
316
129
684
148
154
155
These matters often arranged by mutual concessions and an issue
163
SECTION XXIV
165
Consignor in such case not estopped by the act of consignee
171
COMMON CARRIERS OF PASSENGERS
174
SECTION II
191
469 470
195
No recovery can be had where passenger leaves the cars on the wrong
203
SECTION IV
206
488 489
213
659 660
216
SECTION VIII
217
One crossing a railway track must look out for trains or he cannot
219
222
223
228
229
Company must keep strictly to the terms of any bylaw regarding
230
CHAPTER XXV
238
MANDAMUS
257
SECTION II
264
Now granted in all cases where of value and sufficiently permanent 270
270
Public duties of corporations may be so enforced
275
SECTION V
281
Peremptory writ cannot issue till whole case tried 283
283
Will not quash return summarily
284
SECTION VII
285
Where debt will lie the party not entitled to mandamus
286
Mandamus not allowed in matters of equity jurisdiction
287
Where a statute imposes a specific duty an action will lie
288
Remedy must be sought at earliest convenient time 292
292
Where the case is fully heard on the application judgment may
298
CHAPTER XXVIII
301
tions
302
In this country it has been extended to such corporations
303
Nor where company issue stock below par or begin to build road be fore subscription full
304
Rules in regard to taxing costs
305
Necessary requisites in form of such a bill
336
Directors only liable for good faith and reasonable diligence
337
SECTION IX
339
661 662
341
SECTION X
342
Statement of facts and mode of procedure in such a case
343
217
349
SECTION XVII
357
SECTION XXII
363
INDICTMENTS AGAINST RAILWAY COMPANIES
367
What concurrent negligence will preclude from recovery
378
387
388
Qualified exemptions held valid and inviolable
390
395
396
4 and n 2 Some courts and judges have dissented from the general
402
SECTION II
428
finished
445
The United States Constitution secures to nonresident citizens
448
It is not a tenancy in common and if it were it would be illegal
449
SECTION VI
471
These illustrations may seem not likely to occur but from the past
472
CHAPTER XXXIII
494
ways
500
permission
507
OPINION IN CASE OF KNAPP AND MILLER v RUTLAND AND WASHINGTON RAILWAY
553
The claim to have the contract reformed and for specific perform
554
SECTION III
595
The company may issue new stock and give it preference as a bonâ
598
SECTION VI
604
CHAPTER XXXIV
610
PARTY ENTITLED TO DIVIDENDS WHERE STOCK HAS BEEN FRAUDULENTLY TRANS
613
CHAPTER XXXV
619
Will not restrain company from declaring dividend till works
621
SECTION II
626
ASSIGNMENTS BY RAILWAYS IN CONTEMPLATION OF INSOLVENCY
634
SECTION III
641
LEGISLATIVE SUPERVISION POLICE OF RAILWAYS
644
Municipal authorities cannot give permission to lay rails in the pub
652
One of the consolidated companies may make a valid mortgage
659
663665
665
PLEADING
668
The questions arising on the Smith mortgage are such that it is
671
695
673
TO 235 237 ante pp 507 598
704
201 202
730
143 144
738
Exemption with exception includes all modes of taxation but that
745
144 145
753
Where charter creates lien it is paramount to all others
756
145 146
770
485 486
782
Company not justified in building stations for passengers or freight
789
Beyond the power of railway companies in England to combine with
806
Company not bound to carry where carriages full
814
Party who obtains such injunction on imperfect state of facts liable
821
1 Issuing stocks in railways at different prices fraudulent
823
Debentureholders preferred to judgmentcreditors
827

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203 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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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