A Treatise on the Law of Municipal Corporations, Volume 3

Front Cover
Keefe-Davidson Company, 1906 - Corporation law - 3045 pages
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Contents

The duty to improve
2039
Highway crossings
2041
Duty to restore and maintain
2042
SGI Restoration of highways The duty to construct overhead or underground crossings
2043
Highway crossings Right of the public corporation to make
2045
Same subject Duty to maintain and repair 64 Temporary obstructions
2047
Concrete illustrations of temporary obstructions
2049
SG6 Limitations upon power of regulating temporary obstructions SG7 Recurring temporary obstructions
2053
Manner of use further considered
2056
Interference with abutters rights 869 Use by abutters
2057
Miscellaneous uses of a street regarded as obstructions
2058
Miscellaneous uses of a street regarded as a nuisance
2059
Regulation of traffic
2060
Road
2063
Stock ordinances
2064
Use of highways by public authorities
2065
Use of public buildings or public facilities
2066
Protection of public property
2067
Removal of obstructions
2068
Removal of nuisances
2069
Definition of a nuisance 879 Authority for removal of obstructions or nuisances
2070
The right as vested in an individual
2071
Mode of removal
2072
Removal of natural obstructions
2075
Criminal proceedings
2077
Public highways or grounds must be legally established or ac quired
2079
Prescriptive rights 884 Legalized obstructions
2082
SS5 Abutters rights
2083
S86 Use of public highways by agencies distributing water power or light and furnishing telephone and telegraph or transporta
2084
Control of highways by public authorities
2086
Abutters rights
2087
Use of highways for above purposes
2088
Legal right to supply light
2091
Direct authority necessary
2092
Construction of authority
2093
CHAPTER V
2097
Same subject continued
2104
Federal acts relative to post roads
2105
Local consent for grant of authority
2106
Mode of grant
2107
Grant subject to regulation
2109
Power of public corporation to change grade of highway o otherwise improve
2110
Acceptance of the grant
2111
Construction of grant
2112
Same subject
2113
Exercise of the grant the element of time
2114
Same subject Manner of exercise in respect to time and plaf Place of exercise
2118
New streets or extension of corporate limits
2119
Change of commodity furnished
2120
Grant of license upon condition
2121
Consent of abutters
2125
Exercise of the grant
2126
Replacing improvements
2128
Destruction of or injury to trees
2129
Regulation by public corporations extent and character
2130
Character of right regulation Delegation of delegated powers
2133
Subways
2135
Rates for service rendered or commodities furnished
2137
The right to change rates
2140
Contract obligation 918 Assignment of privilege or license
2143
Revocation or impairment of the grant
2145
Grant of same privilege to others
2146
Forfeiture of grant
2147
Licenses or privileges of an exclusive nature
2151
Legal power to grant
2152
Same subject continued
2155
Must be express authority
2158
Not included within general grant to provide for comfort an welfare or regulate highways
2159
Manner in which granted
2161
Must expressly appear
2162
Assignment of exclusive privilege or license 931 Grants to street railway companies
2176
Option to purchase
2180
Exclusive contracts for supply of commodity Execution of contract
2183
Additional servitude subject further considered
2184
Its Dispositiox 935 Power of disposition 936 Limitation on power of disposition
2189
Statutory authority
2192
Mode of disposition sale or lease
2193
Manner of sale
2194
Disposition by gift
2197
Vacation of highways
2198
Occasion for vacation
2199
Manner of vacation
2200
Petition
2202
Notice and hearing
2203
Vacation when effective
2205
Damage to abutting owner
2206
Evidence 945 Abandonment of highways
2209
Prescriptive title
2212
Reversion
2213
Collateral attack 949 Revocation of dedication as affecting right to vacate or abandon
2214
CHAPTER X
2216
Used portion only What portion fust be Improved
2217
Proper evidence
2218
Negligence definition
2219
Some essentials of actionable negligence Measure of care Damage Proximate cause
2220
Liability of the state or sovereign
2221
a Quasi corporations liability b Municipal corporations liability 956 Character of duty
2225
Character of duty continued
2226
Municipal duty construction of drains or sewers
2228
Plan of work
2229
Construction
2232
Maintenance of sewers and drains
2233
Governmental duties maintenance of government
2236
The public safety Fire department
2237
Destruction of property by
2239
Destruction of property for public purposes
2242
The public peace
2243
The public health and safety 968 Public education 969 Charities and corrections 970 Failure to pass or enforce ordinances
2247
Liability for enforcement of ordinance
2249
Ultra vires acts
2250
THE POWERS OF PUBLIC CORPORATIONS
2251
Respondeat superior
2253
a Nature of duty performed
2254
b Quasi corporations 974 Liability for acts of licensee
2257
Liability for duty imposed on officer
2258
Independent contractor
2259
Defense of fellowservant 977 Surface waters
2260
Nonliability for exercise of discretionary or legislative power 979 Liability imposed as result of negligence
2262
Natural watercourse
2263
Notice of Injury or damage
2264
Damages 982 Liability In respect to highways 983 Of quasi corporations
2265
Exceptions
2266
Of chartered municipalities
2267
Exceptions to the above rule
2269
Reasons for different doctrines
2270
The duty to construct or improve
2272
Character of duty in respect to defective highways
2273
Duty when absolute 989 Basis of liability
2274
Character of highways to which duty applies
2275
Discontinuance of highway
2276
The duty to whom
2278
a Unmanageable horses
2280
b Violation of ordinane 993 When
2281
a Special injury b Proximate cause
2282
Same subject when imposed by statute 995 Defect occasioned by private persons
2283
Liability arising from construction
2284
Defective plan
2285
Work of construction or repair
2286
Change of grade or taking of property Taking of or injury to property
2287
Surface water injuries from plan or construction
2288
Duty in respect to maintenance of public highways
2289
Lights
2290
Barriers and railings
2292
Obstructions
2294
Same subject accumulation of rubbish
2296
Ice and snow
2297
Same subject buildings with their adjuncts and projections 1008 Poles wires and similar objects as obstructions 1009 Excavations or depressions
2300
Liability for defects 1018 Plan of improvement
2311
Actual work of construction 1019 Defects in condition
2313
Obstructions as defects
2315
Ice and snow as defects
2316
Proximity of defects 1023 Falling or dangerous objects
2317
Bridges viaducts and similar structures
2318
Definition of bridge
2320
Defects in condition
2323
Duty to inspect
2324
Warning to the public 1031 Defenses
2325
Injuries through operation
2326
Liability as affected by notice
2327
Notice must be shown affirmatively by the plaintiff
2328
To whom given
2329
Actual notice 1037 Statutory notice
2332
Constructive notice
2334
How proved
2337
a Other accidents
2338
b Subsequent or prior repairs
2339
Notice when not necessary
2340
Latent defects inevitable accidents 1042 Notice a question for Jury
2342
Contributory negligence
2343
Imputable negligence
2344
The application of the doctrine of contributory negligence to those non sui juris
2346
Duty of the traveler in respect to the use of highways
2347
Presumption of care
2348
Vigilance in discovering defects
2349
Diverted attention
2350
Nocturnal travel 1051 Attempting obvious or known danger
2351
Choice between dangers or ways
2353
Choice of ways 1053 Condition of the traveler
2354
Knowledge of danger
2356
Conduct of the traveler
2359
a Careless driving b Unmanageable teams
2360
c Rate of speed
2361
Conduct continued defective vehicles a Deviation from traveled
2362
b Travel in violation of
2363
Contributory negligence a question for the jury
2364
Burden of proof
2365
Proximate cause
2366
Defenses statute of limitations lack of funda
2367
Defense notice of accident
2368
Notice of accident and its sufficiency
2370
Service of the notice
2372
Pleadings instructions to jury
2373
Sufficiency of evidence
2375
Questions for the jury
2376
CHAPTER VI
2378
Maintenance of public schools
2381
how raised
2383
debt incurred
2385
General and special school funds how apportioned
2386
School funds how disbursed purpose
2387
Improvements and general expenses
2389
School funds Manner of disbursement Form of disbursement 1073 School districts organization
2390
a Formation or abolition of common or independent school districts
2394
b By election
2395
Alteration of school districts
2396
High graded or normal school boards state universities
2401
School system how governed 1076 State superintendent of public instruction
2402
County superintendents term of office Powers
2404
School districts
2407
School district meetings
2413
Powers of school directors and officers other han of common school districts
2416
State universities
2417
School property
2418
School sites and buildings
2420
Erection and management
2421
School furniture libraries and supplies
2424
Limitation on indebtedness incurred 1086 Contracts
2425
Teachers
2427
Employment dismissal
2429
Duties and rights
2431
Control and discipline of public schools
2435
Religious instruction
2438
The race question in the public schools
2439
School terms books health regulations
2440
Poor districts organization 1096 Legal character
2443
Expenditures
2446
Settlement 1098 Settlement how acquired
2448
a Settlement through ownership of property
2450
b By payment of taxes c Change of boundary
2451
Derivative settlement a Children b Servants and apprentices c Holding office d Soldiers and persons non sui juris
2455
Settlement how lost by removal
2456
a Change of residence receipt of
2457
b Loss of derivative settlement
2458
Support of paupers by relatives or others From paupers estate
2459
Relief how secured
2460
Place of support
2461
Support character medical attendance
2462
Right to services 1106 Corrective institutions
2464
Miscellaneous charitable Institutions
2466
CHAPTER XII
2468
Mandamus
2469
General principles covering issue of writ 1108 Character of duty sought to be coerced
2472
Writ when issued
2475
To whom it may issue administrative public officers
2476
Judicial officers
2477
Members or officers of legislative bodies 1113 Acts which may be coerced
2478
Writ directed to public boards and legislative bodies
2483
Acts which may be coerced
2484
Writ directed to a public corporation as such 1117 Who may apply for writ
2488
The writ in connection with the audit allowance and payment of claims
2490
Certiorari general principles
2497
The writ when issued
2498
When the writ will issue
2501
Petition and parties
2504
Return and hearing
2506
Judgment miscellaneous
2508
Injunction definition general principles
2509
When granted nature or character of injury
2510
The writ when refused Discretionary acts
2511
Public improvements miscellaneous
2515
Purpose for which writ will issue 1132 Actions pertaining to real property
2517
Protection against nuisances
2518
Contracts
2520
Taxation
2522
113G Protection of public property
2523
Public officers
2526
Ordinances laws
2528
Parties Pleadings
2529
Quo warranto Nature of remedy
2530
Scope of proceedings Right to jury trial
2532
Jurisdiction of the courts
2533
Principles governing use of remedy
2534
Laches and estoppel
2536
When and for what purposes writ will issue 1146 At whose instance proceedings initiated
2537
Private persons
2538
Evidence and burden of proof
2539
Actions in General
2540
Jurisdiction cf courts 1149 Generally liability to action
2541
Subordinate to public corporations 1151 Subject of liability further considered
2545
Prohibition Indictment
2546
Attachment and garnishment
2547
Prevention of illegal contract 1159 Recovery of
2557
Power to
2559
Parties plaintiff
2560
Defendant
2562
Pleadings
2564
Evidence
2569
Defenses
2571
Judgment
2574
Execution
2576
Costs and the right of appeal
2578
Public corporations defined and classified
2949
Liability how affected Contributory negligence and notice
2953
Copyright

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Common terms and phrases

Popular passages

Page 2541 - No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.
Page 2109 - This power of regulation is a power of government, continuing in its nature, and if it can be bargained away at all it can only be by words of positive grant, or something which is in law equivalent. If there is reasonable doubt, it must be resolved in favor of the existence of the power.
Page 2143 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public. The property may have cost more than it ought to have cost, and its outstanding bonds for money borrowed and which went into the plant may be in excess of the real value of the property.
Page 2113 - By a familiar rule, every public grant of property, or of privileges or franchises, if ambiguous, is to be construed against the grantee and in favor of the public; because an intention, on the part of the government, to grant to private persons, or to a particular corporation, property or rights in which the whole public is interested...
Page 2340 - is the want of ordinary care upon the part of a person injured by the actionable negligence of another, combining and concurring with that negligence, and contributing to the injury as a proximate cause thereof, without which the injury would not have occurred.
Page 2267 - The result of the English authorities is, that when a duty is imposed upon a. municipal corporation for the benefit of the public, without any consideration or emolument received by the corporation, it is only where the duty is a new one, and is such as is ordinarily performed by trading corporations, that an intention to give a private action for a neglect in its performance is to be presumed.
Page 2007 - ... railroads ; which carries no freight, but only passengers, from one part of a thickly populated district to another in a town or city, and its suburbs...
Page 2142 - That it was competent for the State of California to declare that the use of all water appropriated for sale, rental, or distribution...
Page 2468 - Am.Dec. 468, a ministerial act is thus defined: "A ministerial act may, perhaps, be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done.
Page 2051 - A highway is a way over which the public at large have a right of passage. It is a road maintained by the public for the general convenience. True, the strikers had a right to march over it as passengers just the same as all other citizens; but they had no right to make it a parade ground, or stop on its...

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