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. |
From inside the book
Results 1-5 of 100
Page 43
... evidence . Douglass v . Geiller , 32 Kan . 502. But the evidence showed that both Irene E. and Benjamin M. Anderson were in possession of the premises , and there- fore the title was not in dispute , if , as decided by a majority of the ...
... evidence . Douglass v . Geiller , 32 Kan . 502. But the evidence showed that both Irene E. and Benjamin M. Anderson were in possession of the premises , and there- fore the title was not in dispute , if , as decided by a majority of the ...
Page 126
... Evidence not sufficient to establish award . award . The only evidence of it is the unsupported affidavit of Trimmer . This , I think , is not enough . If there was such an award , it is binding upon all like a judgment or decree , and ...
... Evidence not sufficient to establish award . award . The only evidence of it is the unsupported affidavit of Trimmer . This , I think , is not enough . If there was such an award , it is binding upon all like a judgment or decree , and ...
Page 133
... evidence . Deed admitted . Defendant's counsel excepts . Bill sealed . Plaintiff's counsel offers in evidence judgment of A. E. Beck v . James Cleary , together with a revival of the same against M. J. Cleary , administrator of James ...
... evidence . Deed admitted . Defendant's counsel excepts . Bill sealed . Plaintiff's counsel offers in evidence judgment of A. E. Beck v . James Cleary , together with a revival of the same against M. J. Cleary , administrator of James ...
Page 134
... evidence in the case that this property was adapted , for instance , for town lots , then ordinarily it would have a higher range of value than if it were simply used for agricul- tural purposes . You have heard quite a considerable ...
... evidence in the case that this property was adapted , for instance , for town lots , then ordinarily it would have a higher range of value than if it were simply used for agricul- tural purposes . You have heard quite a considerable ...
Page 136
... evidence which is the subject of the first assignment of error . The lot of land over which the line of Admissibility the road belonging to the plaintiff in error had been of sheriff's laid belonged , prior to 1882 , to James Cleary ...
... evidence which is the subject of the first assignment of error . The lot of land over which the line of Admissibility the road belonging to the plaintiff in error had been of sheriff's laid belonged , prior to 1882 , to James Cleary ...
Other editions - View all
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...