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 7
... tion . Even if we are wrong in this , the principle is well settled that a franchise is property , and like any other species of property may be taken by the Commonwealth by virtue of the right of eminent domain upon making compensation ...
... tion . Even if we are wrong in this , the principle is well settled that a franchise is property , and like any other species of property may be taken by the Commonwealth by virtue of the right of eminent domain upon making compensation ...
Страница 11
... tion . Appellee contends the road in question is a railroad within the meaning of the general Railroad act , under which it was organized , and bases its right or claim to corporate existence exclusively upon that act , and denies that ...
... tion . Appellee contends the road in question is a railroad within the meaning of the general Railroad act , under which it was organized , and bases its right or claim to corporate existence exclusively upon that act , and denies that ...
Страница 27
... tion , to all of whose rights and liabilities the defendant has suc- ceeded ; that trains of cars with freight and passengers are and have been drawn along said road at great speed , which , by their noise and jarring , have disturbed ...
... tion , to all of whose rights and liabilities the defendant has suc- ceeded ; that trains of cars with freight and passengers are and have been drawn along said road at great speed , which , by their noise and jarring , have disturbed ...
Страница 34
... tion of Parkdale , now standing for judgment . It may be at the trial the questions may disappear when the facts are fully dis- closed in evidence . * The question is an interesting one , and , if fairly raised on the facts , is ...
... tion of Parkdale , now standing for judgment . It may be at the trial the questions may disappear when the facts are fully dis- closed in evidence . * The question is an interesting one , and , if fairly raised on the facts , is ...
Страница 36
... tion of the railway on the ground that the plaintiff's damages as an abutting lot - owner had not been ascertained and paid as provided by law . A temporary injunction was granted , which the defendant , on the answer and certain ...
... tion of the railway on the ground that the plaintiff's damages as an abutting lot - owner had not been ascertained and paid as provided by law . A temporary injunction was granted , which the defendant , on the answer and certain ...
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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...