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

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Innhold

Right to pass another railway by a bridge gives temporary use
377
CONSTRUCTION OF RAILWAYS
384
Term highway does not include military roads
398
Grant to build railways across main line implies right to use them
400
SECTION VIII
406
SECTION XI
414
SECTION XVI
437
SECTION XIX
444
CHAPTER XVII
452
Questions of negligence ordinarily to be determined by jury
465
The question of negligence is one for the jury
475
FENCES
482
In some cases it has been held the fencing is to be done equally
488
It must appear the injury occurred through default of company
494
CHAPTER XX
506
libel
510
May emplov experts Damacies embraced
513
ent
515
The powers of a corporation are such only as are conferred by charter
518
When insurers pay damages on insured property may have action
520
Cases reviewed in England Scotland and America 524
524
Subject reviewed by Chief Justice Shaw 530
530
SECTION IV
538
i
544
Where injury is wanton jury may give exemplary damages 551
551
Opinion of Lord Langdale and review of cases on this subject 560
560
What will amount to fraud in the reports of the company
566
Where company made liable for injury to all property are allowed
567
SECTION V
573
Railway crossings upon a level always dangerous
575
CHAPTER XXII
588
Owners of all property bound to keep it in state not to expose
603
Decision rests on no safe grounds
614
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
What shall amount to ratification of the act of an agent by a cor
650
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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