The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1890 - Railroad law
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abutting agreement alleged amendment amount appeal appellee authority benefit bill cars cause of action certificates charter Chicago circuit court claim compensation complainant construction contract contributory negligence corporation cotton court of equity damages debt decree defendant defendant's easement engine entitled equity error evidence fact feet filed fire foreclosure granted held holders improvement company injury interest issue judgment jury land lease legislature lessee liable lien locomotive ment mortgage bonds negligence nuisance operation ordinance owner paid pany parties payment person petition plaint plaintiff plaintiff in error possession preferred stock premises proceedings purchase purpose question rail railroad company railroad track railway company reason recover Rock Island rule Shenandoah Valley Railroad Southwestern Company specific performance statute stockholders street railroad street railway suit Supreme Court sustained thereof tion train trespass trust Upson county Virginia Midland Railway Waukee
Page 546 - ... with the secretary of the interior a copy of its articles of incorporation, and due proofs of its organization under the same...
Page 533 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner, by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever...
Page 537 - That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Page 247 - 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.
Page 390 - That a director of a joint-stock corporation occupies one of those fiduciary relations where his dealings with the subject-matter of his trust or agency, and with the beneficiary or party whose interest is confided to his care, is viewed with jealousy by the courts, and may be set aside on slight grounds, is a doctrine founded on the soundest morality, and which has received the clearest recognition in this court and in others.
Page 399 - The court instructed the jury that if they should find from the evidence that the plaintiff...
Page 558 - The company shall not be entitled to any mines of coal, ironstone, slate, or other minerals under anv land purchast-d by them, except only such parts thereof as shall be necessary to be dug or carried away or used in the construction of the works, unless the same shall have been expressly purchased; and all such mines, excepting as aforesaid, shall be deemed to be excepted out of the conveyance of such lands. unless they shall have been expressly named therein and conveyed thereby.
Page 161 - To construct its road upon or across any stream of water, water-course, highway, railroad or canal, so as not to interfere with the free use of the same, which the route of its road shall intersect, in such manner as to afford security for life and property: but the corporation shall restore the stream or water- course, road or highway, thus intersected, to its former state, or in a sufficient manner not to unnecessarily impair its usefulness or injure its franchises.
Page 391 - When a corporation becomes insolvent, it is so far civilly dead that its property may be administered as a trust fund for the benefit of its stockholders and creditors. A court of equity, at the instance of the proper parties, will then make those funds trust funds, which, in other circumstances, are as much the absolute property of the corporation as any man's property is his.