American Railroad and Corporation Reports: Being a Collection of the Current Decisions of the Courts of Last Resort in the United States Pertaining to Railroad and Corporation Law, Volum 10John Lewis E.B. Myers, 1895 |
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Side 71
... parties , and whether , in addition to the consent of the state , that of the adjoining owners was necessary , was a matter which the state might well leave to the parties interested to try out when the point arose . The question has ...
... parties , and whether , in addition to the consent of the state , that of the adjoining owners was necessary , was a matter which the state might well leave to the parties interested to try out when the point arose . The question has ...
Side 76
... parties , and in regard to them we think the courts below have decided correctly , and the judgment appealed from should be affirmed , with costs . All concur . Judgment affirmed . * - - Telegraph and telephone poles and wires in street ...
... parties , and in regard to them we think the courts below have decided correctly , and the judgment appealed from should be affirmed , with costs . All concur . Judgment affirmed . * - - Telegraph and telephone poles and wires in street ...
Side 78
... parties setting these poles were acting under color of legal right . The statute under which they acted is not in conflict with the provisions of the Constitution above cited . It would be a great calamity to the state if , in the ...
... parties setting these poles were acting under color of legal right . The statute under which they acted is not in conflict with the provisions of the Constitution above cited . It would be a great calamity to the state if , in the ...
Side 97
... parties as it finds them ; if the agreement be executed the court will not rescind it ; if executory , the court will not aid in its execution . " Roll v . Rauget , 4 Ohio , 400 . 66 7. The violation of public policy must be clear to ...
... parties as it finds them ; if the agreement be executed the court will not rescind it ; if executory , the court will not aid in its execution . " Roll v . Rauget , 4 Ohio , 400 . 66 7. The violation of public policy must be clear to ...
Side 98
... parties not only did not raise the point , but were apparently anxious to suppress it . The court , however , took it up of its own motion and held the contract in question to be illegal . CHAMPLIN , J. , says : " It is not necessary ...
... parties not only did not raise the point , but were apparently anxious to suppress it . The court , however , took it up of its own motion and held the contract in question to be illegal . CHAMPLIN , J. , says : " It is not necessary ...
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American Railroad and Corporation Reports: Being a Collection of ..., Volum 2 John Lewis Uten tilgangsbegrensning - 1891 |
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abutting action agreement alleged appear appellant appellee authority benefit carrier cars charges Chicago combination common carrier congress Constitution construction contract contributory negligence corporation court of equity covenant damages declared defendant defendant's Diamond Match Co Diamond Match Company duty employees enforce engaged evidence fact freight held highway illegal Illinois imposed injunction injury interest interstate commerce judgment jury land legislature liable Lumber manufacture ment monopoly N. E. Rep negligence obstruction Ohio operation opinion owner pany parties passenger Penn Pennsylvania person plaintiff plaintiff in error protection public policy purchase purpose question R. R. & Corp Railroad Co railroad company rates reasonable receivers regulate restraint of trade road rule sell statute stockholders street supra Supreme Court sustained thereof ticket tion track train transportation United unlawful valid violation void W. R. Co
Populære avsnitt
Side 483 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Side 475 - ... produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Side 775 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Side 474 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Side 756 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations.
Side 483 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several . states is vested in congress as absolutely as it would be in a single government having in its Constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.
Side 472 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Side 96 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice.
Side 475 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Side 766 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.