THE LAW OF RAILWAYS: CORPORATIONS, EMINENT DOMAIN, CONTRACTS, COMMON CARRIERS OF GOODS AND PASSENGERS, CONSTITUTIONAL LAW, INVESTMENTS, & ETC.

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SUCH CONTRACTS ENFORCED WHERE THE RAILWAY IS ABANDONED
27
SECTION XIII
42
Act of incorporation should not be varied by oral testimony
48
CHAPTER XL
51
by the State 53
53
It does not affect the private character of a corporation that the State or the United States own a portion of the stock 55
55
SECTION II
56
delegation or procuration
57
It may act by its directors and agents in other States 58
58
A college located at one place cannot establish a branch at another
59
preserved
61
Change of constitution Effect of change of name
62
CHAPTER IV
63
Stock must all be subscribed ordinarily
64
Conditions subsequent how enforced
65
Defect of organization must be plead
66
Records of company evidence
67
Membership how maintained
68
New or altered charter must be formally accepted
69
Matter of presumption and inference
70
SECTION III
71
Cannot change organic law
72
Or dissolve corporation
73
Courts of equity will not restrain the use of their funds for that purpose
74
Railway a public trust
75
Court will not generally interfere in behalf of minority to prevent affairs of company being wound up
76
SECTION IV
77
Notice of general meetings need not name business
78
Company acts by meetings by directors by agents
79
SECTION V
80
Company bound by act of directors de facto
81
Act of officer de facto binds third persons
82
May be their banker and director
86
EMINENT DOMAIN
87
SECTION I
88
Cannot impose penalty
92
Superintendent may expel for violation of rules 9394
93
Probable cause will justify
94
In England companies required to provide for accommodation of passengers 95
95
Court will not interfere to compel through trains unless required by the public convenience
96
SECTION III
97
Requiring larger fares for shorter distances
98
Requiring passengers to go through in same train 99101
99
Arrest of passenger by companys servants
101
Company liable for act of servant
102
Excluding merchandise from passenger trains
103
Liability for excess of force
105
CHAPTER VII
106
CONDITIONS PRECEDENT WHICH THE PUBLIC AUTHORITIES MAY ENFORCE 1 Stock if limited must all be subscribed
107
SECTION III
108
Not an interest growing out of land or goods wares and merchandise
109
RESTRICTIONS UPON TRANSFER
111
Contracts to transfer stock valid where bond fide 118
118
SALE OF SPURIOUS SHARES
125
READINESS TO PERFORM CUSTOM AND USAGE
127
TRUSTEE ENTITLED TO INDEMNITY AGAINST FUTURE CALLS
134
Managers of company liable in tort to party injured
142
Grounds of denying mandamus
143
Stock in trust goes to new trustees
150
Trustee compelled to pay for shares
155
SECTION III
161
Validity of calls not affected by misconduct of directors in other
167
be made 314
171
SECTION VI
179
Slight acquiescence estops the party in some cases
186
One commissioner can give no valid assurance to the route
192
Express conditions must be performed
200
Conditional subscription takes effect upon performance of the condi
206
SECTION XIII
212
FORFEITURE OF SHARES RELIEF IN EQUITY 1 Requirements of charter and statutes must be strictly pursued
214
Provisions of English statutes
215
For what purposes such books are important as evidence
216
Party claiming to be shareholder may inspect register
217
CHAPTER X
218
Consent to pass railway
219
Company bound by conditions in deed
220
Sale of road no abandonment
221
One cannot derogate from compulsory grant
222
SECTION IL
224
Where mandamus also lies
225
Contracts not understood by both parties
226
SECTION II
233
May be made without compensation
241
TITLE ACQUIRED BY COMPANY
247
Compensation must be made 256
256
COMPENSATION MODE OF ESTIMATING 1 General inquiry simple
262
Prospective damages assessed
263
In some states value in money is required
264
Rule of the English statute 266267
266
Farm accommodations
267
Course of the trial in estimating land damages 268
268
Items of damages not indispensable to be stated
269
SECTION X
270
Formal exceptions waived by appearance
271
Plaintiffs must show joint interest
272
Distinct finding on each claim
273
Opinion of witnesses 274275
274
Testimony of experts
275
Matters incapable of description
276
Costs 277278
277
Expenses
278
Power of court to revise proceedings
279
No effort to agree required in order to give jurisdiction
280
SECTION XL
281
Most state constitutions require it to be concurrent with the taking
282
English cases do not require this 283
283
Adequate legal remedy sufficient 284
284
Where required payment is requisite to vest the title 285
285
Some states hold that no compensation is requisite
286
SECTION XII
287
Special statutory remedies reach such damages
291
No action lies for damages sustained by the use of a railway
293
SECTION XIII
294
Statute remedy exclusive
296
Minerals reserved
297
SECTION XIV
298
First held that owners of the fee were entitled to additional damages
299
Principle seems to require this 300302
300
Many cases take a different view 303
303
Legislatures may and should require such additional compensation 306
306
Courts of equity will not enjoin railways from occupying streets of a city
307
Some of the states require such compensation 308309
308
All do not But the English courts principle and many of the state courts do require it as matter of right 309
309
Recent decision upon the right to occupy the highway 310315
310
The decisions in the state of New York require compensation to the owner of the fee 311312
311
1519 Summary of the argument under this head
322
CONFLICTING RIGHTS IN DIFFERENT COMPANIES 1 Railway company subservient to another can only take of the other land enough for its tra...
323
RIGHT TO BUILD OVER NAVIGABLE WATERS 1 Legislature may grant the right
324
Riparian proprietor owns only to the water
325
Legislative grant paramount except the national rights
326
State interest in flats where tide ebbs and flows 327330
327
Rights of adjoining owners in Massachusetts
330
Large rivers held navigable in this country
331
Paramount rights of Congress infringed creates a nuisance Party specially injured may have action
332
Obstruction if illegal per se a nuisance
333
Company liable to action where mandamus will not lie
334
SECTION XVIII
335
But railway may lawfully pass along public street 336
336
Liable for negligence also 337
337
Courts of equity often interfere by injunction
338
Bight at law must be first established
339
Company adopting works responsible for amount awarded for land damages
340
Equity will not enjoin legal right 341
341
Liable for building railway so as to cut off wharf
342
Damages unforeseen at the time of the appraisal may be recov ered in England
343
Remote injuries not within the statute
344
Damages compensated under statute of Massachusetts
345
Or neglect to repair
346
Railways have right to exclusive possession of roadway
347
Tenants entitled to compensation for change of location
348
Lessor and lessee both entitled to compensation
349
Tenant without power of alienation forfeits his estate by license to company
350
Attorney without express power may refer disputed claim 2 Award binding unless objected to in court 350 351 SECTION XXIII
351
Acquiescence of forty years by landowner effect of
352
REMEDIES BY LANDOWNERS UNDER THE ENGLISH STATUTE SECTION I
353
special damage besides 354
354
Where the company desire part not compellable to take whole un less they persist in taking part
355
SECTION II
356
and 4 Word town how construed
357
SECTION IV
360
SECTION II
368
In most American states assessment is final
374
SECTION VIII
377
Finality of award
383
Manner of defining the route in English charters
384
Plans only binding when and for the purpose referred to in the act 387
387
Contractor bound by deviation unless he object
388
Company may take lands designated in their discretion 389
389
Equity cannot enforce contract not incorporated into the act
390
Railway between two towns extent of grant
391
Route designated need not be followed literally
392
Party accepting compensation waivesinformality 392
393
Power to change location must be exercised before construction
394
General rule to measure by straight line
395
SECTION III
396
SECTION IV
397
Cannot alter course of highway
398
C
401
Proper construction of the terms used in these contracts 407
407
IF ONE PABTY KEPUDIATE THE CONTRACT THE OTHER MAY SUE PRESENTLY INEVITABLE ACCIDENT 1 Party repudiating excuses the...
412
New contract valid
413
SECTION XL
414
SECTION XII
415
But where the engineers estimates are final can only be set aside for partiality or mistake 416417
416
Contractor bound by practical construction of the contract
417
Engineer cannot delegate his authority
418
Claim of contractor in the bill
425
New contract condonation of old claims
426
SECTION XIV
427
SECTION XV
432
Construction of such contract
438
SECTION XIX
444
REMEDIES ON BEHALF OF LABORERS AND SUBCONTRACTORS 1 Subcontractors not bound by stipulations of contractor
445
although a laborer employed by him may
446
CHAPTER XVI
447
So also may excessive fare and freight
448
Guaranty of certain profit on investment lawful
449
Where a company is allowed to take tolls on sections of their road this makes each section a distinct work
450
CHAPTER XVII
452
English companies feel bound to use precautions against fire 453
453
Rule of evidence in this country more favorable to companies 454
454
But the company are liable for damage by fire through want of care on their part
455
CHAPTER XVIII
465
Opinion of Gibson J on this subject 471473
471
UPON WHOM RESTS THE OBLIGATION TO MAINTAIN FENCES 1 By the English statute there is a separate provision made for fencing
482
raises an implied duty on their part 487 490
487
In some states owners of cattle not required to confine them upon their own land
490
Company bound to fence land acquired by grant
491
Fences and farm accommodations not required for safety of ser vants and employees
492
Company not responsible for injury at road crossings
493
It must appear the injury occurred through default of company
494
Company responsible for injuries through defect of fences and cat tleguards
495
Company responsible as long as they control road
496
Railway not responsible in Indiana unless in fault
497
Landowner mnst keep up bars
498
In Pennsylvania one required to keep his cattle at home
499
CHAPTER XX
506
The cases seem to regard the company as always absent
516
The powers of a corporation are such only as are conferred by charter
518
Cases reviewed in England Scotland and America 524526
527
SECTION IV
538
SECTION V
544
Party cannot recover if his own act contributed to injury 545
545
But company liable still if they might have avoided the injury 547
547
If company omit proper signals not liable unless that produce the injury
548
General definitions of companys duty 549551
549
Action accrues from the accruing of the injury
551
One who follows direction of gatekeeper excused
552
duce testimony of experts will often require explanation
554
RAILWAY DIRECTORS SECTION I
556
panys works require consent of shareholders
557
Directors or shareholders cannot alter the fundamental business of the company 558
558
Opinion of Lord Langdale and review of cases on this subject 560
560
An act ultra vires can only be confirmed by actual and not construc tive assent 561
561
The directors of a trading company may give bills of sale in security for debts contracted by them
564
Company by adopting act of directors are liable to make recompense
565
What will amount to fraud in the reports of the company
566
Where company made liable for injury to all property are allowed to insure 456
567
Company will ratify unauthorized act of directors by acquiescence
573
Court will not act on petition of member who is a mere puppet
585
Courts of equity enjoin companies from leasing without legislative
592
Extended review of the English and some of the American
595
SECTION III
603
Such Contracts generally held valid and binding 612
612
SECTION VIII
621
to 129 p 506 Liability for act of the agent or servant
633
The subjects of the commission discusssed in detail
642
The subject of removing ice and snow from the streets discussed 656
656
to 124 p 447
662

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Side 58 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Side 459 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Side 459 - ... likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default ; or perhaps that the escape was the consequence of vis major, or the act of God ; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Side 463 - The reason he gave for his judgment was because it was the defendant's wall, and the defendant's filth, and he was bound of common right to keep his wall so as his filth might not damnify his...
Side 60 - As a member of a corporation, a government never exercises its sovereignty. It acts merely as a corporator, and exercises no other power in the management of the affairs of the corporation, than are expressly given by the incorporating act.
Side 537 - In case any passenger on any railroad shall be injured while on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury ; provided said company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.
Side 129 - To fall within the exception therefore, of repugnancy, the incident must be such as if expressed in the written contract, would make it insensible or inconsistent.
Side 300 - ... although from his proximity to the obstructed way, or otherwise, from his more frequent occasion to use it he may suffer in a greater degree than others, still he cannot have an action, because it would cause such a multiplicity of suits as to be itself an intolerable evil.
Side 459 - ... them, to provide for the sufficiency of the reservoir with reference to these shafts. The consequence was that the reservoir when filled with water burst into the shafts, the water flowed down through them into the old workings, and thence into the plaintiff's mine, and there did the mischief.
Side 459 - ... persons employed by them in the course of the work became aware of the existence of the ancient shafts filled up with soil, though they did not know or suspect that they were shafts communicating with old workings. It is found that the defendants, personally, were free from all blame, but that in fact proper care and skill was not used by the persons employed by them to provide for the sufficiency of the reservoir with reference to these shafts. The consequence was that the reservoir when filled...

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