Management of railways by, considered. 517 n.
Corporation charged with criminal offence brought into court by service of
copy of summons on one of its officers or agents. State v. Western North
Carolina R. R. Co. (N. Car.). 58.
Limited to same ground as examination in chief. Whitsett v. C., R. I. &
P. R. R. Co. (Iowa). 336.
Evidence of negligence at: what sufficient to submit to jury. Guggenheim ».
Lake Shore, etc., R. R. Co. (Mich.). 546.
Not negligence to go between engine and car uncoupled to let team through.
Geveke v. Grand Rapids, etc., R. R. Co. (Mich.). 551.
Private: company bound to fence. Evansville, etc., R. R. Co. v. Mosier
(Ind.). 569.
Bedding of cattle-cars: custom as to: evidence admissible on. East Tenn.,
etc., R. R. Co. v. Johnston (Ala.). 437.
Jumping from car to engine: custom to that effect admissible. Whitsett .
C., R. I. & P. R. R. Co. (Iowa). 336.
Amount of, for failure to fence, legislature may fix. Mo. Pac. R. R. Co. v.
Humes (U. S. Sup. Ct.). 557.
Assessment of, by jury, must not be capricious, arbitrary, or oppressive.
Geveke v. Grand Rapids, etc., R. R. Co. (Mich.). 551.
Consequential, resulting from fright to animals, not recoverable under Ne-
braska statute. Burlington, etc., R. R. Co. v. Shoemaker (Neb.). 565.
Delay in transportation of freight: difference between price that would have
been received in case of prompt delivery and lower price actually re-
ceived, recoverable. Houston, etc., R. R. Co. v. Smith (Tex.).___421.
Double, for killing stock in Missouri. Henderson v. Wabash, etc., R. R. Co.*
(Mo.). 595 n.
Elements of: degree to which capacity to earn money has been affected, ex-
penses of illness, pain, suffering, fright, and shock, may be considered.
Geveke v. Grand Rapids, etc., R. R. Co. (Mich.). 551.
Failure to fence: double damage law: additional damages beyond injury, are
in nature of penalty. Mo. Pac. R. R. Co. v. Humes (U. S. Sup. Ct.). 557.
Killing stock: statute fixes amount of. Atchison, etc., R. R. Co. v. Gabbert
(Kan.). 621.
Permanent injuries, recovery not limited to damages for loss of business one
year. Geveke v. Grand Rapids, etc., R. R. Co. (Mich.). 551.
Stock killed: measure is value of animal at time of loss and interest to time
of trial. Alabama, etc., R. R. Co. v. McAlpine (Ala.). 602.
$12,000 held not excessive for injury making amputation of limb necessary.
Missouri Pacific R. R. Co. v. Mackey (Kan.). 306.
Overcharge, not necessary in suing for. West. Va. Trans. Co. v. Sweetzer
(W. Va.). 469.
Railway company not entitled to charge demurrage for freight standing in
its cars, except by virtue of contract or statute. 432 n.
Contract between railway companies whereby they agreed to establish a
despatch line, construed, and breach enjoined. C. & A. R. R. Co. v.
N. Y., L. E. & W. R. R. Co. (U. S. C. C., N. Y., S. D.). 265.
Discretion of, reviewed in courts only on charge of fraud.
City R. R. Co. (U. S. C. C., W. D. Tenn.). 1.
Packing of board for purpose of misappropriating funds of company is breach
of trust, and semble ground for injunction and receiver. Davis v. Mem-
phis City R. R. Co. (U. S. C. C., W. D.). 1.
Service on, of notice of material-man's lien is valid. 60 n.
Status of: directors are legally agents and representatives of corporation in
largest sense: practically they are the corporation, so far as its relations
to the public are concerned. Louisville, etc., R. R. Co. v. McVey (Ind.).
382.
Trustees for company, directors are: fraudulent vote or appropriation of funds
of company in payment of excessive salary is breach of trust: salary not
recoverable at law: otherwise of mere error of judgment therein. Davis
v. Memphis City R. R. Co. (U. S. C. C., W. D.). I.
Usurious loan by director to his company: claim for usury not enforceable.
8 n.
DIVERSION OF FREIGHT.
Increase of charges for. 432 n.
Earnings are property of the corporation.
Dividends have no existence until
declared. Dividend cannot be averaged over past years when none were
declared. Gordon's Executors v. Richmond, etc., R. R. Co. (Va.). 33.
Guaranteed stock held entitled to priority of dividends to extent of guarantee
and to equal share in dividends thereafter, both as to cash dividends and
'scrip" dividends, i.e., obligations for dividends. Gordon's Executors v.
Richmond, etc., R. R. Co. (Va.). 33.
Undeclared dividends" a misnomer. Undivided profits are property of cor-
poration. Gordon's Executors v. Richmond, etc., R. R. Co. (Va.). 33.
DONATION.
Conditional donation in escrow, on location of road and station: compliance
by use of another company's line of road held sufficient, and donee en-
titled to delivery. Missouri Pacific R. R. Co. v. Tygard (Mo.). 54.
Contract for, conditioned on change of route or location of station, not against
public policy. Missouri Pacific R. R. Co. v. Tygard (Mo.). 54.
Excessive freight charges are paid under duress. West Va. T. Co. v. Sweetzer
(W. Va.). 469.
Compensation for injury to, for public use.
Subsequent purchaser takes, subject to. Chance v. E. Texas R. R. Co. (Tex.).
Condemned lands, suit for: record of condemnation admissible. Gray . St.
Louis, etc., R. R. Co. (Mo.). 106.
Entry without condemnation. See EMINENT DOMAIN.
Plaintiff must trace title to United States or to a grantor in possession at mak-
ing of grant. Peck v. Louisville, etc., R. R. Co. (Ind.). 193.
Railway companies, ejectment of: note on. 126 n.
Railway company occupying land: suit against.
Abandonment: non-user of property taken, is not.
Platt v. Penn. Co. (Ohio).
Abandonment of proceedings by municipality: new. proceedings by same
body for same use not barred. Trustees of Cinn. Southern R. R. Co. v.
Haas (Ohio).
Abandonment of proceedings in: note on.
Appeal from award of commissioners not a new suit. Superior Short Line
R. R. Co. v. Larson (Wis.). 165.
Appeal in condemnation proceedings: a single notice that several persons
appeal, severally and each for himself, from the award as to him, is suf-
ficient. Superior Short Line R. R. Co. v. Larson (Wis.). 165.
Appeal in: single appeal by single owner of several tracts affected, and single
general notice by him that he appeals, sufficient. Superior Short Line R.
R. Co. v. Larson (Wis.). 165.
Appearance by owner in condemnation proceedings, and attempt to increase
damages, a waiver of objections; and owner cannot maintain ejectment
against company. Gray . St. Louis, etc., R. R. Co. (Mo.). 106.
Appointment of commissioners is a final and appealable order under Minne-
sota statute. St. Paul, etc., R. R. Co. v. State (Minn.).
Appropriation of land for right of way does not exhaust power of company;
new appropriations may be made from time to time as necessities of the
work require. Peck v. Louisville, etc., R. R. Co. (Ind.). 193.
Assent of owner to occupation of land by company bars him from maintain-
ing ejectment. Gray v. St. Louis, etc., R. R. Co. (Mo.). 106.
Benefits from railway in streets may be set off against damages claimed: bene-
fits in such case must be special. Gulf, etc., R. R. Co. v. Fuller
(Tex.). 154.
Benefits set off against damages: Ohio constitution of 1802 held to authorize.
Platt v. Penn. Co. (Ohio). 129.
Change of route, after acquiring right of way, authorized in California;
ownership of another right of way no bar to condemnation of right of
way on new line. Eel River, etc., R. R. Co. v. Field (Cal.). 91.
Commissioners' report of damages, railway company may except to. 531 n.
Commissioners' report of damages, exceptions to, overruled; railway company
appeal from.
EMINENT DOMAIN-Continued.
Compensation, method of ascertaining, entirely in legislative control. St.
Louis, etc., R. R. Co. v. Evens, etc., Co. (Mo.). 518.
Compensation to be determined by jury or commissioners, as legislature may
direct. St. Louis, etc., R. R. Co. v. Evens. etc., Co. (Mo.). 518.
Conflict of evidence as to value: verdict of jury who have had view, not dis-
turbed. Chicago & Evanston R. R. Co. v. Jacobs (Ill.). 97.
Connection with another road: company held to have right to exercise the
power therefor. Louisville, etc., R. R. Co. v. Quinn (Tenn.). 111.
"Damage" for which compensation is recoverable must be some injury
peculiar to the property in question not suffered in common with other
properties in the same communities. Gulf, etc., R. R. Co. v. Fuller
(Tex.). 154.
Damages: abandoned railway grade on: damages increased by its presence.
Cohen v. St. Louis, etc., R. R. Co. (Kan.). 116.
Damages not allowed for lands not in the petition. St. Paul, etc., R. R. Co.
v. State (Minn.).
Damages, payment of, into court does not affect right of railway company to
except and appeal. 532 n.
Ejectment not maintainable by owner who assents to occupation of his land
without condemnation. Chicago, etc., R. R. Co. v. Taylor (Wis.). 123.
Ejectment of railway companies: note on. 126 n.
Elevated railway and street: easement of adjacent owner subject to public
use; inconvenience to owner not injuring it as a thoroughfare for travel
not ground for recovery of damages. Fifth Nat. Bank v. N. Y. Elevated
R. R. Co. (U. S. C. C., S. D. N. Y ). 146.
Entry before condemnation: improvements by company-value of, not re-
coverable by owner ratifying taking; otherwise where owner claims in
trespass. Cohen v. St. Louis, etc., R. R. Co. (Kan.). 116.
Entry before payment or giving of security for compensation. 115 n.
Entry without condemnation: owner may waive trespass, treat company as
taking by eminent domain, and recover compensation for all damages.
Cohen v. St. Louis, etc., R. R. Co. (Kan.). 116.
Entry without condemnation: statute held to provide for ascertaining meas-
ure of damages in such case as in case of condemnation proceedings; com-
pany not liable as trespasser. Louisville, etc., R. R. Co. v. Quinn
(Tenn.). 111.
Hypothetical damages: prevention of probable future drainage of overflowed
lands into a proposed extension of a certain canal, by obstructing access
thereto, held to be, and not recoverable. Munkwitz v. Chi., etc., R. R.
Co. (Wis.). 151.
Inclosure Act reserving land from occupation by buildings: acquisition of, by
eminent domain is only for public purpose; company cannot sell land and
give grantee right to build thereon; prohibition against building revives
in respect thereto. Bird v. Eggleton (Eng. Ch. D.). 174.
Injunction for injury under color of exercise of: note on.
88 n.
Injury under color of exercise of, enjoined on grounds of right and of keep-
ing corporations subject to law; injury need not be irreparable. East,
etc., R. R. Co. v. East Tenn., etc., R. R. Co. (Ala.). 81.
Interest recoverable as damages where company has had use of property
before paying damages, as in case of entry without condemnation. Cohen
v. St. Louis, etc., R. R. Co. (Kan.). 116.
"Just compensation" does not mean arbitrary assessments and exorbitant ex-
actions. St. Louis, etc., R. R. Co. v. Evens, etc., Co. (Mo.). 518.
Land may be condemned by railway company. St. Louis, etc., R. R. Co. v.
Evens, etc., Co. (Mo.). 517.
Market value is true test of damage to land taken. Chi. & Evanston R. R.
Co. v. Jacobs (Ill.). 97.
- Other test than market value employed only when property in its use
and condition has no market value. Čhi. & Evanston R. R. Co. v. Jacobs
(Ill.). 97.
EMINENT DOMAIN-Continued.
Market value: instruction as to, held misleading. Chi. & Evanston R. R. Co.
v. Jacobs (Ill.). 97.
Money for land taken, order to pay is appealable. St. Louis, etc., R. R. Co.
v. Evens, etc., Co. (Mo.). 517.
Money paid as damages for land taken, to be set aside by clerk of court pend-
ing railway's exceptions to report awarding the damages. St. Louis, etc.,
R. R. Co. v. Evens, etc., Co. (Mo.). 517.
New burden by company taking, selling part of land taken to another company
who build another road thereon: adjacent owner may recover fresh dam-
ages. Platt v. Penn. Co. (Ohio). 129.
New burden: horse railway laid in street is not, upon the owner of adjacent
land and fee of street. Texas, etc., R. R. Co. v. Rosedale Street R. R.
Co. (Tex.). 160.
What is: use of street for elevated railway, occasioning inconvenience to
owner of fee but not materially injuring street as a thoroughfare, is not.
Fifth Nat. Bank v. N. Y. Elevated R. R. Co. (U. S. C. C., S. D. N. Y.).
One corporation cannot condemn for another. Louisville, etc., R. R. Co. v.
Quinn (Tenn.). 111.
Payment into court of money for land taken by railway, is just compensa-
tion," although railway company files exceptions to report of commis
sioners who have assessed damages for the land taken, and although the
money is held by the court pending an appeal by the railway company.
St. Louis, etc., R. R. Co. v. Evens, etc., Co. (Mo.). 518.
Payment into court of money for land taken, exceptions, etc., all proceedings
to be considered together in determining constitutionality. St. Louis,
etc., R. R. Co. v. Evens, etc., Co. (Mo.).
Possession of land condemned, taking by railway company does not affect
right to except and appeal. 532 n.
Possession of land, may be taken by railway company after paying to clerk
of court the damages assessed. St. Louis, etc., R. Co. v. Evens, etc., Co.
(Mo.). 517.
Profits as an element of damages. 99 n.
Prohibition or restriction on use of land, e.g., against building, abrogated by
taking of land for public use, revives upon sale of land for private uses
by company taking, and will be enforced by injunction. Bird v. Eggleton
(Eng. Ch. D.). 174.
"Property" not to be taken without compensation includes every right and
incident which accompanies ownership, as well as the tangible thing
owned. Gulf, etc., R. R. Co. v. Fuller (Tex.). 154.
Public need of the improvement: quare, can court inquire into. St. Paul,
etc., R. R. Co. v. State (Minn.). 94.
Second condemnation by municipality for same purpose as former uncom
pleted condemnation, former proceedings no bar. Trustees of Cinn.
Southern R. R. Co. v. Haas (Ohio). 164.
State university: lands of, may be condemned, when not used as part of the
university grounds, or reserved for public use of the university. St. Paul,
etc., R. R. Co. v. State (Minn.). 94.
Street: new burden in, must interfere with its use as a street to afford ground
for recovery by owner of fee. Fifth Nat. Bank v. N. Y. Elevated R. R.
Co. (U. S. Č. Č., S. D. N. Y.). 146.
Streets: railway in, by legislative permission: adjacent owners suffering special
damage may recover therefor. Gulf, etc., R. R. Co. v. Fuller (Tex.). 154.
- Railway in: claim of special damage from: special benefits may be set off.
Gulf, etc., R. R. Co. v. Fuller (Tex.). 154.
Street railway is a usual mode of conveyance along street: no new burden im-
posed. Texas, etc., R. R. Co. v. Rosedale Street R. R. Co. (Tex.). 160.
Street railway: prevention of use of appurtenant improvements to property
by, e.g., coal chute, round-house, etc., not ground for recovery. Texas,
etc., R. R. Co. v. Rosedale Street R. R. Co. (Tex.). 160.
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