A Treatise on the Law of Railways, Volume 2 |
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Page 751
... owner , as , for in- stance , under the right of eminent domain . ' 3 If the taking has occurred without either the consent of the owner or by the right of eminent domain , it is wrongful , and in Wisconsin an action for damages will ...
... owner , as , for in- stance , under the right of eminent domain . ' 3 If the taking has occurred without either the consent of the owner or by the right of eminent domain , it is wrongful , and in Wisconsin an action for damages will ...
Page 753
... owner of the estate used and occupied , and to no one else . " If the assessment money be not paid or secured , as required by the statute , it is the owner of the land over which the right of way is taken , and no one else , who may ...
... owner of the estate used and occupied , and to no one else . " If the assessment money be not paid or secured , as required by the statute , it is the owner of the land over which the right of way is taken , and no one else , who may ...
Page 759
... owner of a right of way from using violence to prevent a railroad company from exercising its rights in building its road within the prescribed limits of its right of way , when legally procured by the means prescribed by the statute ...
... owner of a right of way from using violence to prevent a railroad company from exercising its rights in building its road within the prescribed limits of its right of way , when legally procured by the means prescribed by the statute ...
Page 769
... owner or owners of any railway , or against any railroad corpo- ration , engaged in the transportation , as common carriers , of goods , wares or merchandise , for any loss or damage which may have happened to any goods , wares or ...
... owner or owners of any railway , or against any railroad corpo- ration , engaged in the transportation , as common carriers , of goods , wares or merchandise , for any loss or damage which may have happened to any goods , wares or ...
Page 782
... owner of the property at the time of its commission ; hence an action of trespass will only lie in such owner's name . The right of action does not pass with the premises to a subsequent purchaser or grantee . " 1 Brokaw v . The New ...
... owner of the property at the time of its commission ; hence an action of trespass will only lie in such owner's name . The right of action does not pass with the premises to a subsequent purchaser or grantee . " 1 Brokaw v . The New ...
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Common terms and phrases
admr Alton R. R. Balt bill of lading Boston carriage carry cars cause Central R. R. charter Chicago common carriers common law Conn consignee consignor contract contributory negligence damages defendant duty employe exemption fence franchise freight gence Grand Trunk Hannibal & St Heisk held Hudson River Ibid Indianapolis Indianapolis & St injury Iowa Jeffersonville jury Kansas Law Rep liable lien live stock loss Louisville Mass Milwaukee & St Minn N. Y. Cent negligence Ohio & Miss Ohio R. R. Ohio St ordinary owner Pacific R. R. pany party passenger Penn person Phila Pittsburg plaintiff Quincy R. R. R. R. Cas railroad company railroad corporation railway reasonable received recover recovery Repr right of action road rule servant statute street supra Supreme Court taxation Terre Haute thereof tion Toledo track train transportation Western R. R. York Cent
Popular passages
Page 1310 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 1321 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it. This company, in the transactions of its business, has the same rights and is subject to the game control as private individuals under the same circumstances.
Page 1023 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 1317 - It presents, therefore, a case for the application of a long-known and well-established principle in social science, and this statute simply extends the law so as to meet this new development of commercial progress.
Page 1309 - are nothing more or less than the powers of government inherent in every sovereignty, * * that is to say, * * the power to govern men and things.
Page 1318 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations.
Page 1308 - States, it is old as a principle of civilized government. It is found in Magna Charta, and, in substance if not in form, in , nearly or quite all the constitutions that have been from time to time adopted by the several States of the Union. By the...
Page 1316 - They stand, to use again the language of their counsel, in the very "gateway of commerce," and take toll from all who pass. Their business most certainly "tends to a common charge, and is become a thing of public interest and use.
Page 1317 - For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed.
Page 1309 - is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.