The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
E. Thompson, 1882
Covers cases decided [1879?]-1895.
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action alleged amount appeal assessment authority bill bonds building cattle cause cent charge Chicago claim complainant condition constitution construction contract corporation coupons court damages decree defendant defendant's direct duty effect engine entitled equalization error evidence exercise existence fact fence filed fire franchises further given grant held holders indorsed injury instruction interest Iowa issued judgment jury land Legislature levy liable lien limits Louis mortgage necessary negligence notice object operation opinion owner paid party passed payment person petition plaintiff possession present principal proceedings proper question R. R. Co railroad company railway reason received record recover reference refused road rule running Smith sold statute street sufficient suit taken taxation thereof tion town track trustees witness
Side 351 - That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States ; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents.
Side 5 - Any association or corporation, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States.
Side 23 - ... the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years. The damages cannot exceed...
Side 385 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Side 566 - Gate, and two canals, one on the north and one on the south side of the river, constructed.
Side 397 - If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee of its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it.
Side 638 - No railroad corporation shall issue any stock or bonds, except for money, labor or property actually received, and applied to the purposes for which such corporation was created; and all stock dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation, shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided by law.
Side 472 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property from execution and sale.
Side 628 - Co. for fare and freight upon the transportation of persons and property carried within the State, or taken up outside the State and brought within it or taken up inside and carried without.
Side 632 - As to the effect of the statute as a regulation of interstate commerce, the law is confined to State commerce, or such inter-state commerce as directly affects the people of Wisconsin. Until Congress acts in reference to the relations of this company to inter-state commerce, it is certainly within the power of Wisconsin to regulate its fares, etc., so far as they are of domestic concern.