The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1886 - Railroad law Covers cases decided [1879?]-1895. |
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Page 28
... operation of law . This only can give , in common parlance , the possession of a mere right , or those rights denominated a share in a corporation . " Whenever , therefore , these things are done , or happen , whether by means of ...
... operation of law . This only can give , in common parlance , the possession of a mere right , or those rights denominated a share in a corporation . " Whenever , therefore , these things are done , or happen , whether by means of ...
Page 53
... operation of law ; and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance . It must also set forth with particularity the efforts of the ...
... operation of law ; and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance . It must also set forth with particularity the efforts of the ...
Page 54
... operation a railroad from the town of P. H. to a certain city , and should establish a depot in said city within three quarters of a mile of the court - house . Then the notes were to become the property of the company and were to be ...
... operation a railroad from the town of P. H. to a certain city , and should establish a depot in said city within three quarters of a mile of the court - house . Then the notes were to become the property of the company and were to be ...
Page 55
... operation its railway of standard gauge from the town of Pleasant Hill , in Cass county , to the city of Butler , in Bates county ; and should estab- lish and construct a depot within three quarters of a mile of the court - house in the ...
... operation its railway of standard gauge from the town of Pleasant Hill , in Cass county , to the city of Butler , in Bates county ; and should estab- lish and construct a depot within three quarters of a mile of the court - house in the ...
Page 56
... operation from Pleasant Hill to Butler and beyond PER at the stipulated time . Undisputed evidence also shows that the plaintiff owned its depot , stock yards , and tracks thereto at Pleasant Hill which A. , T. & S. F. road used . State ...
... operation from Pleasant Hill to Butler and beyond PER at the stipulated time . Undisputed evidence also shows that the plaintiff owned its depot , stock yards , and tracks thereto at Pleasant Hill which A. , T. & S. F. road used . State ...
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Common terms and phrases
action agent alleged amount appeal appellee applied assessed authority bill Blue Springs Buena Vista county carrier cars cattle cause certificates charge Chicago circuit court claimed commissioners compensation complained conductor constitution construction contract contributory negligence corporation counsel court of equity damages defendant defendant's demurrer depot dividends duty easement eminent domain employees engine entitled error evidence facts fellow-servant fence filed fire freight held injunction injury interest Iowa issue judgment jury killed land legislature liable matter ment Ohio St operation opinion owner Pacific R. R. paid pany parties passenger payment Pennsylvania Co person petition plaintiff plaintiff in error proceedings purpose question R. R. Cas railroad company railway company reason recover Rice county road Rock Island rule servant Southwestern Company station statute stockholders street taxes Terre Haute thereof tion track train transportation trial verdict witness
Popular passages
Page 424 - Every such corporation shall start and run their cars for the transportation of passengers and property, at regular times, to be fixed by public notice; and shall furnish sufficient accommodations for the transportation of all such passengers and property, as shall, within a reasonable time previous thereto, be offered for transportation at the place of starting...
Page 85 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 473 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Page 512 - And the General Assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.
Page 324 - ... because the implied contract of the master does not extend to Indemnify the servant against the negligence of any one but himself; and he is not liable in tort, as for the negligence of his servant, because the person suffering does not stand towards him in the relation of a stranger, but Is one whose rights are regulated by contract, express or implied.
Page 480 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Page 233 - ... due process of law,' but if found to be arbitrary, oppressive, and unjust, it may be declared to be not 'due process of law.
Page 324 - Besides, it appears to us, that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...
Page 59 - The summons shall be served by delivering a copy thereof as follows : 1. If the suit be against a corporation, to the president or other head of the corporation, secretary, cashier, treasurer, a director, or managing agent thereof; but such service can be made in respect to a foreign corporation only when it has property within this State, or the cause of action arose therein, or where such service shall be made within this State personally upon the president, treasurer, or secretary thereof.
Page 235 - that, although there are no positive words in a statute requiring that the party shall be heard, yet the justice of the common law will supply the omission of the legislature.