When baggage agent accepts articles as baggage which are not so in fact,
company is liable for them as baggage. Texas, etc., R. Co. v. Capps, xvi. 118,
Chicago, R. I. & P. R. Co. v. Conklin, xvi. 116.
Company is bound by act of baggage master in checking baggage over wrong
system of connecting lines. Isaacson v. N. Y. Central & H. R. R. Co., xvi 188
Passenger may recover from company for insolence and abuse by servants
If there is justification company must prove it. Bryan v. Chicago, R. I & P.
R. Co., xvi. 335.
Company is liable for unwarrantable assaults by servants on passengers
ternational & Gt. Northern R. Co. v. Kentle, xvi. 337.
Company may be garnished for sum due non-resident employee, though debt
was contracted out of the State Such proceedings bind only sum due to date
of service of process. Burlington & M. R. R. Co. v. Thompson, xvi. 480
Allegation in process that foreign corporation which was party had author
ized agent resident in State is enough to give court jurisdiction when legal
service has been made Chaffee v. Rutland R R Co., xvi. 408.
Truth of officer's return of service cannot be questioned. Remedy is by
action for a false return Ex parte St Louis, I. Mt. & S. R. Co., xvi 547
May be made upon station agent or other person having control of company's
business, or upon clerk or agent of any station in county. Ex parte St. Louis,
I Mt. & S. R Co., xvi. 547.
Defendant in action upon whom process has been served illegally may appear
specially to have same set aside. Lung Chung, Adm'r, v Northen Pac Ry Co,
XVI 548
Act as to service of process in Oregon when applied in U. S. courts must be
construed as if word "county" read district." Lung Chung, Adm'r, North-
ern Pac Ry Co., xvi 548.
In Oregon where process is served on any agent other than president, secre-
tary, cashier or managing agent, the same is void and service will be set aside
unless it appears that the cause of action arose in the county or district
Lung Chung, Adm'r, v. Northern Pac. Ry Co., xvi 548.
Process cannot be served on agent of company travelling in State on com-
pany's business, when company's line was not in State, and it had no office in
State Chicago & Alton R Co. v Walker, xvi. 553.
In absence of statutory provision, service of process on secretary of railroad
company is sufficient. Heltzell Chicago & Alton R Co, xvi, 619.
Sleeping-car companies must use reasonable diligence to guard clothes and val.
uables of sleeping passengers. In action for loss of watch and money where
porter on watch had left guard for short time, question of negligence was for
jury Evidence was admissible that another passenger had watch stolen same
night in same car. Pullman Palace Car Co. v. Gardner, xvi. 324.
One placing means to pay debt in hands of another on his covenant to pay
same, may maintain action in equity to compel performance of covenant with
out first paying debt. Woodruff v. Erie R. Co. et al., xvi. 501
Manager of railroad owned by commonwealth may be sued for injury to
property by defective construction of road by former manager. Amstein v.
Gardner, xvi. 585.
Company is not bound to construct or maintain stations at points where its line
is intersected by another line. Atchison, T. & S. F. R. Co. v. Denver & N.
O. R. Co., xvi. 57.
Kansas City, St. J. & C. B. R. Co. need not make Savannah station on main
track. It may run switch to old depot in that place, and must run one train a
day over said switch. State ex rel. v. Kansas City, St. J. & C. B. R. Co., xvi.
297.
Person injured at station while crossing track as public commonly did, by
train run contrary to the rules of the company of which party was cognizant,
held, guilty of contributory negligence in failing to look out. Wheelwright v.
Boston & Albany R. Co., xvi. 315.
Failure of company to run trains to station which is one of original termini
held under circumstances not to warrant court in declaring franchises forfeited,
the public at large not being injured. Att'y-Gen'l v. Erie & Kalamazoo R. Co.,
xvi. 652.
Act approving change of corporate name not obnoxious as private charter nor
as conferring special privileges. Wells, Fargo & Co. v. Oregon R. & N. Co.,
xvi. 71.
Corporation will not be ousted of franchises because original act of incorpora-
tion does not appear to have been passed by constitutional majority, when there
has been great lapse of time and confirmatory legislation. Attoney-General v.
Joy, xvi. 643.
An act enabling company incorporated under special act to change name and
extend road is not obnoxious as an act renewing or extending special act of in-
corporation. Attorney-General v. Joy, xvi. 643.
Act will not be declared invalid after lapse of thirty years because title em-
braces two objects. Attorney-General v. Joy, xvi. 643.
Act repealing portions of general railway law does not apply in cases where
there is special act of incorporation. Attorney-General v. Joy, xvi. 643.
See CORPORATION; STOCKHOLDER; SUBSCRIPTON.
See PREFERRED STOCK; SUBSCRIPTION.
Suit will not lie on subscription to stock without previous call by directors.
Braddock v. Phila., M. & M. R. R. Co., xvi. 436.
Proof that notice of call for subscriptions was duly mailed and addressed to
subscriber makes prima facie case of notice of such call. Braddock v. Phila.,
M. & M. R. R. Co., xvi. 436.
Where person's name appears on stock book as stockholder, presumption is
that he is owner of stock standing in his name, and book may go in evidence in
suit for call to show that he was a subscriber. Pittsburgh, W. & K. R. R. Co.
v. Applegate & Son, xvi. 440.
Corporation is necessary party to bill to enforce judgment against it by com-
pelling contribution from stockholders. Walser et al. v. Memphis, C. & N. W.
R. Co., xvi. 449.
May enjoin company from using assets in excess of corporate powers, but
must show due diligence to prevent what is sought to be restrained. Leo ®.
Union Pac. R. Co., xvi. 450.
May obtain injunction to restrain ultra vires act though all the other stock-
holders assent, but in such case the court will be slow to grant preliminary in-
junction. Du Pont e. Northern Pac. R. Co., xvi. 456.
Cannot set aside transactions of directors unless he held his interest at time of
transactions complained of nor unless he has exhausted his legal remedies.
Dimpfel t. Ohio & M. R. Co., xvi. 461.
Original incorporator is not entitled to stock as a mere gratuity. He must
subscribe for it and be liable on his subscription as other stockholders. Brown
. Florida Southern R. Co., xvi. 463.
When two of board of directors take part in construction contract and other
contractors enter into agreement with other directors which in effect relieves
them from liability on their stock, the contract is voidable at election of parties
affected by fraud. Thomas e. Brownville, etc., R. Co., xvi. 557.
Have alone equity to restrain suit by construction company upon contract
obtained by procurement of directors who are themselves interested in the con-
struction company. Creditors and government granting charter have no such
equity. Union Pac. R. Ca v. Credit Mobilier, xvi. 570.
Are bound to highest degree of care for safety of passengers. Smith v. St.
Paul City R. Co., xvi. 310.
When passenger on street car is injured by collision with another car, prima
facie presumption of negligence on part of company arises. Smith v. St. Paul
City R. Co., xvi. 310.
Person who has hailed street car and is carefully and prudently attempting to
get on platform is passenger, and company is liable to him as such. Smith v.
St. Paul City R. Co., xvi. 310.
Passenger injured while travelling for pleasure on Sunday in street car may
recover. Knowlton v. Milwaukee City R. Co., xvi. 330.
When evidence showed plaintiff who was injured in alighting from street car
had not time to alight, it is not error to refuse to give instructions as to verdict
in case he had time. Knowlton v. Milwaukee City R. Co., xvi. 330.
Witness who saw lady thrown down by street car after alighting may state
his opinion as to whether she had time to get clear of car before it moved off.
Ward v. Charleston City R. Co., xvi. 356.
When passenger rests arm on window sill wholly within car and by sudden
collision arm is thrown out and broken, question of contributory negligence is
for jury. Germantown Pass. R. Co. v. Brophy, xvi. 361.
Passenger in street car after signalling to stop, left his seat and stood on rear
platform which was slippery with ice and snow and omitting to take hold of
rail was knocked off and injured. Held that the question of his contributory
negligence was for jury. Fleck v. Union R. Co., xvi. 372.
Party in street car who is familiar with practice receiving by mistake of con-
ductor wrong transfer check is not entitled to ride thereon in connecting car
and on refusing to pay fare may be expelled. Bradshaw v. South Boston R.
Co., xvi. 386.
When party insures goods in transit under policy securing to insurer right of
subrogation to claim against carrier in case of loss, and afterwards ships the
goods under bill of lading securing to carrier in case of loss benefit of insur-
ance, latter clause is valid and shipper cannot upon loss recover from insurer,
having deprived him of his right of subrogation. Carstairs v. Mechanics &
Traders' Ins. Co., xvi. 142.
Carrier negligently losing goods may avail himself of clause in bill of lading
securing to him right of subrogation against insurer. Rintoul v. N. Y. Central
& H. R. R. Co., xvi. 144.
Suit will not lie on subscription to stock without previous call by directors.
Braddock v. Phila., M. & M. R. R. Co., xvi. 436.
Fact that certain of promotors guaranteed that line should pass near sub-
scriber's land and that it was not so built, will not discharge subscriber, there
being no evidence of fraudulent intent. Braddock v. Phila., M. & M. R. R. Co.,
xvi. 436.
Subscriber cannot escape liability on ground that he failed to pay sum required
by statute at time of subscription. Pittsburgh, W. & K. R. R. Co. v. Applegate
& Son, xvi. 440.
Contractor has in absence of contract no lien on subscription to stock which
company has agreed with subscriber to apply to construction of particular part
of road where contractor is at work. Myer & Hay v. Dupont et al., xvi. 621.
There is no trust for such contractor except as to amount of such subscription
remaining in hands of company after construction of part of road to which
subscription was to be applied. Myer & Hay v. Dupont et al., xvi. 621.
Passenger injured while travelling for pleasure in street car on Sunday may
recover. Knowlton v. Milwaukee City R. Co., xvi. 330.
When coupon ticket contains clause that coupons shall be void if detached,
passenger cannot tender detached coupon. But if conductor sees ticket and
could readily ascertain by inspection that coupon had been detached therefrom,
he is bound to receive it. Louisville, N. & Gt. S. R. Co. v. Harris, xvi. 374.
When passenger holds continuous ticket he cannot stop off and transfer the
ticket to another party for balance of the journey. Walker v. Wabash, etc., R.
Co., xvi. 380.
Party in street car who is familiar with practice receiving by mistake of con-
ductor wrong transfer check, is not entitled to ride thereon in connecting line
and on refusing to pay fare may be expelled. Bradshaw v. South Boston R.
Co., xvi. 386.
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Party transmitting money to owner by express is trustee of express trust and
may recover for loss. Snider v. Adams Express Co., xvi. 261.
Allegations by trustee presenting for trial same issues raised and tried between
principal parties will be dismissed on motion. Chaffee v. Rutland R. R. Co.,
xvi. 408.
Pooling agent is trustee and accountable as such in court of equity. Nashua
& L. R. Co. v. Boston & L. R. Co., xvi. 488.
Plaintiff may join as defendants all parties into whose hands trust funds can
be traced. Nashua & L. R. Co. v. Boston & L. R. Co., xvi. 488.
. When purchaser buys in good faith all property of private railroad company,
same is not affected with trust in his hands for creditors of corporation, though
he had notice of existence of debt. Branson v. Oregonian Ry. Co., xvi. 517.
When title to real estate is taken by several parties in name of one, with
authority to sell and divide proceeds, he occupies fiduciary relation and cannot
buy up interests without full disclosure of facts. Cook et al. v. Sherman et al.,
xvi. 561.
In such case rule requiring rescission of fraudulent contract immediately on
discovery of fraud does not apply. Cook et al. v. Sherman et al., xvi. 561.
TRUSTS AND TRUSTEES—Continued.
When company agrees with subscriber to stock to apply his subscription to
construction of certain part of road, there is no trust for the contractor building
such part of road except as to amount of subscription in hands of company after
building of part of road to which subscription was to be applied. Myer Hay
v. Dupont et al., xvi. 621.
Company held bound by improper issue of scrip convertible into bonds as
dividend on preferred stock, where it had recognized validity of greater part of
scrip and issued bonds to take it up. Chaffee v. Rutland R. R. Co., xvi. 408.
Bill to restrain corporation from employing assets in excess of corporate
powers held insufficient on demurrer as too vague. Leo v. Union Pacific R.
Co., xvi. 450.
Stockholder may have injunction to restrain company from using assets in ex-
cess of corporate powers, but he must show due diligence to prevent what is
sought to be restrained. Leo v. Union Pacific R. Co., xvi. 450.
Stockholder may obtain injunction to restrain ultra vires act, though all the
⚫ther stockholders assent, but in such case the court will be slow to grant pre-
liminary injunction. Du Pont v. Northern Pac. R. Co., xvi. 456.
Stockholder cannot have ultra vires transactions of directors set aside unless
he held his interest at time of transactions complained of nor unless he has ex-
hausted his legal remedies. Dimpfel v. Ohio & M. Co., xvi. 461.
Company entering into pooling contract is estopped to deny its validity in
suit by other party to recover damages for its infraction. Nashua & L. R. Co.
v. Boston & L. R. Co., xvi. 488.
When company leases road without express authority, lessee is estopped to
deny validity of lease in action for rent. Woodruff v. Erie R. Co. et al.,
xvi. 501.
See JURISDICTION; REMOVAL OF CAUSES.
Decision of U. S. Circuit Court is usually binding upon co-ordinate tribunals.
Wells, Fargo & Co. v. Oregon R. & N. Co., xvi. 71.
Where there are two plaintiffs and two defendants and one of plaintiffs and
one of defendants are citizens of same State, case cannot be removed to United
States Court. Walser et al. v. Memphis, C. & N. W. R. Co., xvi. 449.
When cause is once removed to United States Court, no amendment can confer
jurisdiction not disclosed by original proceedings in State Court. Walser et al.
v. Memphis, C. & N. W. R. Co., xvi. 449.
Bill was filed by stockholders to set lease aside as void.
to remove to U. S. court on ground that lease was authorized by State statute
which complainants averred to be in violation of charter contract. Held, that
as contention was not raised by pleadings, mere fact that it might arise at sub-
sequent stage of cause did not warrant removal. Mills et al. v. Central R. R. of
N. J., xvi. 491.
When main controversy is between citizens of same State and there is no
controversy wholly between citizens of different States which can be fully deter-
mined between them, cause cannot be removed to United States court. Mills et
al. v. Central R. R. of N. J., xvi. 491.
When United States Supreme Court remands case to circuit court, it cannot
prescribe what amendments to pleadings shall be allowed. Circuit court has
full authority in the premises. Branson v. Oregonian R. Co., xvi. 517.
When statute abolishes quo warranto proceedings and substitutes action to
same effect, such action may be removed to U. S. circuit court, when other cir-
cumstances warrant removal. Ames v. Kansas ex rel., xvi. 522.
Suit by State against one of its corporations for relinquishing powers to an-
other corporation with which it has been consolidated under laws of U. S., and
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