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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Results 1-5 of 52
Page 37
... existence . It is not important to determine what estate the railroad com- pany took in the land acquired for the construction of its road . It may be conceded to be a fee . The statute makes it such . The more pertinent inquiry is ...
... existence . It is not important to determine what estate the railroad com- pany took in the land acquired for the construction of its road . It may be conceded to be a fee . The statute makes it such . The more pertinent inquiry is ...
Page 65
... existence was limited to fifty years . The fee of a strip of land was conveyed to the company for right of way , the habendum clause limiting the estate to a term of fifty years and so long thereafter as the charter should continue ...
... existence was limited to fifty years . The fee of a strip of land was conveyed to the company for right of way , the habendum clause limiting the estate to a term of fifty years and so long thereafter as the charter should continue ...
Page 66
... existence was limited to a period of 50 years . Acts 1831-32 , p . 67. On No- vember 10 , 1832 , the act of incorporation was amended . The fourth section of the amendatory act provided " that at the expiration of fifty years from the ...
... existence was limited to a period of 50 years . Acts 1831-32 , p . 67. On No- vember 10 , 1832 , the act of incorporation was amended . The fourth section of the amendatory act provided " that at the expiration of fifty years from the ...
Page 67
... existence uncertain and indefinite , but which might endure forever , had the land been taken and acquired under proceedings in condemnation the company would have ob- tained an estate therein co - existent with the possible contin ...
... existence uncertain and indefinite , but which might endure forever , had the land been taken and acquired under proceedings in condemnation the company would have ob- tained an estate therein co - existent with the possible contin ...
Page 68
... existence . " It is the public use for which the land is taken , and so long as it is used for railway purposes it is immaterial what com- pany or what individuals operate it . " 2 Wood , Ry . Law , § 242 ; State v . Rives , 5 Ired ...
... existence . " It is the public use for which the land is taken , and so long as it is used for railway purposes it is immaterial what com- pany or what individuals operate it . " 2 Wood , Ry . Law , § 242 ; State v . Rives , 5 Ired ...
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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...