The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1890 Covers cases decided [1879?]-1895. |
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Page 5
... authority to entitle him to proceed . This authority is given him in express terms , as we have seen , by the Codes . The cases of Mahoney v . Spring Val . Waterworks , 52 Cal . 161 , and Southern Pac . R. Co. v . Raymond , 53 Cal . 223 ...
... authority to entitle him to proceed . This authority is given him in express terms , as we have seen , by the Codes . The cases of Mahoney v . Spring Val . Waterworks , 52 Cal . 161 , and Southern Pac . R. Co. v . Raymond , 53 Cal . 223 ...
Page 7
... authority of a railroad company , incorporated under the general laws , to take , by condemnation proceedings , the property , or any part of another corporation , already devoted , by legislative au- thority , to a public use . The ...
... authority of a railroad company , incorporated under the general laws , to take , by condemnation proceedings , the property , or any part of another corporation , already devoted , by legislative au- thority , to a public use . The ...
Page 9
... authority ex- tends , either in express terms or by clear implication . Stat- utes delegating the paramount right of eminent domain must be strictly construed , and the authority strictly pursued in the manner prescribed . They are not ...
... authority ex- tends , either in express terms or by clear implication . Stat- utes delegating the paramount right of eminent domain must be strictly construed , and the authority strictly pursued in the manner prescribed . They are not ...
Page 10
... authority is granted are qualified and limited by the operation and intervention of other controlling principles . There must be no material in- terference or obstruction of the free and reasonably necessary use by the company whose ...
... authority is granted are qualified and limited by the operation and intervention of other controlling principles . There must be no material in- terference or obstruction of the free and reasonably necessary use by the company whose ...
Page 11
... authority does not necessarily result . The stat- utes above referred to confer all the authority to take private property , whether of persons or corporations , that exists in railroad companies organized under the general laws . Au ...
... authority does not necessarily result . The stat- utes above referred to confer all the authority to take private property , whether of persons or corporations , that exists in railroad companies organized under the general laws . Au ...
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Common terms and phrases
accident action alleged appeal appellee assessed authority award bonds brakeman bridge cause charge charter Chicago claim commissioners compensation condemnation conductor construction contract contributory negligence corporation court of equity cross the track damages danger deceased declared defect defendant defendant's demurrer depot district court duty eminent domain employes engine entitled error evidence exercise fact feet franchises freight train granted guilty held highway injury instruction judgment jury land lease legislature liable lien Little Rock ment negligence per se operating opinion owner P. R. Co pany parties passed passenger payment Pennsylvania Pennsylvania Company person plaintiff plaintiff in error proceedings purpose question rail railroad company railway company reason recover refused riparian rights road rule running servants side track Smith county station statute stockholders street Supreme Court sustained taxation testimony thereof tion trestle trial verdict witness
Popular passages
Page 3 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation...
Page 300 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 305 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 8 - Assembly may, by law, secure to persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner.
Page 6 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Page 357 - A railroad company shall be liable for any damage done to persons, stock or other property by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the employment and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company.
Page 686 - ... is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road...
Page 234 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Page 553 - That the capital stock of said company shall be forever exempt from taxation, and the road, with all its fixtures and appurtenances, including workshops, warehouses, and vehicles of transportation, shall be exempt from taxation for the period of twenty years from the completion of the road, and no longer.
Page 523 - There is a sense," he says further on, "however, in which duplicate taxation may be understood, — and which we think is the proper sense, — which would render it wholly inadmissible under any constitution requiring equality and uniformity in taxation. By duplicate taxation in this sense...