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, 1885 Covers cases decided [1879?]-1895. |
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Страница 8
... rule of policy as well as law is , that a grant for one public purpose must yield to another more urgent and important , and this can be effected without any infringement on the constitutional rights of the subject . If in such cases ...
... rule of policy as well as law is , that a grant for one public purpose must yield to another more urgent and important , and this can be effected without any infringement on the constitutional rights of the subject . If in such cases ...
Страница 9
... rule does not apply , and the assent of the requisite number of the abutting property - owners will be re- quired , as well as that of the municipality . A railroad company may organize under the general railroad law to con- struct its ...
... rule does not apply , and the assent of the requisite number of the abutting property - owners will be re- quired , as well as that of the municipality . A railroad company may organize under the general railroad law to con- struct its ...
Страница 12
... rule unquestionably is , that in the absence of any special statutory provision requiring such assent , it will not be necessary . Of course , in towns , cities , or villages organized under the general Incorporation law , which ...
... rule unquestionably is , that in the absence of any special statutory provision requiring such assent , it will not be necessary . Of course , in towns , cities , or villages organized under the general Incorporation law , which ...
Страница 17
... rule that the acts of a corporation can be assailed for abuse or excess of its corporate powers only in a direct proceeding brought by the State for that purpose . Hence , where a company chartered to build a horse railroad between ...
... rule that the acts of a corporation can be assailed for abuse or excess of its corporate powers only in a direct proceeding brought by the State for that purpose . Hence , where a company chartered to build a horse railroad between ...
Страница 22
... rule which prohibits collateral in- quiry by a private citizen into the supposed illegal acts of a corpo- ration is when express legislative permission is granted . " If the principle announced in these cases needed vindication , it ...
... rule which prohibits collateral in- quiry by a private citizen into the supposed illegal acts of a corpo- ration is when express legislative permission is granted . " If the principle announced in these cases needed vindication , it ...
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adjoining alleged appeal appellee ascer assessed authority award bridge build cattle cattle-guards cause of action Central R. R. Chambers county charter Chicago circuit court citizen claim commissioners compensation complaint condemnation consent Constitution construction contract court of equity crossing damages deed defendant defendant's demurrer depot duty easement eminent domain entitled evidence facts feet fence filed franchises granted ground held highway injunction injury Iowa judgment jury Kansas land lease legislature liable lien located Louisville Missouri negligence obstruction Ohio St operate opinion owner paid pany parties Pearl river persons petition plaintiff in error Point Pleasant Polk City possession premises proceedings proper purchase purpose question R. R. Cas R. R. Co rail railroad company railway company reason recover Rigolet road road-bed South Haven statute stockholders street suit sustained taken thereof tion trial verdict
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Страница 559 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Страница 646 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Страница 323 - Office ; and whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or preempted, or otherwise disposed of, other lands shall be selected by said company in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate sections...
Страница 532 - Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All laws passed pursuant to this section may be amended, altered, or repealed.
Страница 105 - ... which the route of its road shall intersect or touch ; but the company shall restore the stream or water-course, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness.
Страница 271 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free...
Страница 397 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Страница 331 - We think, then, that, when a question, to which the judicial power of the union is extended by the constitution, forms an ingredient of the original cause, it is in the power of congress to give the circuit courts jurisdiction of that cause, although other questions of fact or of law may be involved in it.
Страница 326 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.
Страница 331 - The judicial power shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority...