EQUITY, Continued.

restraining company from interfering with exclusive franchise, II. 342 – 345.
will exercise a preventive jurisdiction in such cases, II. 342.

will not interfere where legal right doubtful, II. 343.
unless to prevent irreparable injury, etc., II. 343.

or where there is no adequate legal redress, II. 343.

will sometimes direct issue to settle the rights of the parties, II. 343.
will restrain different companies from forming competing line, II.
343, 344.

injunction refused unless franchise exclusive, II. 344, n. 5.

railway does not infringe rights of canal, II. 345.

unless it obstruct the canal, II. 345.

where railway allowed to purchase canal, II. 345.

infringement of corporate rights in nature of nuisance, II. 346, 347.
will interfere to prevent multiplicity of suits, II. 346.
definition of this part of equity jurisdiction, II. 346, 347.
general grounds of equitable interference, II. 347.

to preserve property, pendente lite, II. 347, 348.

will not decree specific performance in question of damages, II. 347,

348.

parties put under terms if injunction will operate harshly, II. 348.
review of cases upon the subject, II. 348, n. 2.

restraining parties from petitioning the legislature, II. 349, 350.

will rarely interfere in such cases, II. 349.

not enough that scheme will interfere with rights of others, II. 349,
350.

doubtful right sent to court of law, II. 350.

in cases of insolvent companies, II. 350, 351.

will interfere to save costs and litigation, II. 350.

all parties interested may come in, II. 351.

summary proceedings in some states, II. 351.

manner of granting and enforcing ex parte injunctions, II. 351 – 354.
liable to abuse, II. 351.

in important matters, notice should be given, II. 351, 352.
dissolved upon answer denying equity, II. 352.

but not where question is merely construction of a grant, II. 352, n. 2.
all facts must be correctly stated, II. 352, 353.

not so with all the law, II. 353.

course of practice and costs, II. 354.

right to injunction lost by acquiescence, II. 355–357.

to extinguish right, this must have operated on other parties, II. 355.
not delay, to learn extent of injury, 11. 356.

definition of acquiescence, II. 356.

(See ACQUIESCENCE.)

injunction may be mandatory, II. 357–359,

must be specific, II. 357.

EQUITY, Continued.

is but specific performance, II. 358.

not granted to transfer litigation from another forum, II. 358.
granted only where serious injury would else accrue, II. 358.

not refused because act enjoined is done, II. 358, 359.

remedy in charter does not supersede resort to equity, II. 359.
charter provisions, II. 359.

English statute, II. 359.

wilful breaches of injunction, II. 360, 361.

statement of case, II. 360.

opinion of vice-chancellor granting sequestration, II. 360, 361.
not always punished by attachment, II. 361, n. 2.
costs, II. 361, 362.

generally awarded to prevailing party, II. 361, 362.
court will not determine mere question of, II. 362.

suits on behalf of others, II. 362.

may be brought by one shareholder though no others desire to sue,
II. 362.

appointment and duties of receivers, II. 363-366. (See RECEIVERS.)
would make all bonâ fide creditors equal in rights, II. 577.

but not defeat priority resulting from a legal lien, II. 577.

gives remedy against stockholders made liable by statute for corporate
debts, II. 632.

will not interfere with decisions of railway commissioners, II. 640.

may regulate railways for public accommodations, II. 640.

proper forum for foreclosure of railway mortgages, II. 678.

will not appoint manager of railway, II. 705.

may be brought on judgment on petition for mandamus, II. 295.
ESTATES.

may be granted to railways, I. 218.

even by persons under disabilities, I. 218.

extent of, acquired by company, I. 274 et seq.
reverter of, to original owner, I. 253 et seq.

different ones in estimating compensation to land-owners.

rule under English statute, I. 266.

of tithe-owner, not a subject of compensation, I. 344.

tenant's good-will and chance of renewal, I. 347, 348.

change of location of track, compensation to tenants, I. 348.

church property in England, II. 348.

tenant cannot sue for penalty for obstructing private way, I. 348.

heir entitled to such compensation, I. 348, 349.

lessor and lessee both entitled to compensation, I. 349.

ESTATES, Continued.

right of way from necessity protected, I. 349.

mill-owner can claim compensation for obstructing water, I. 349.
occupier of land entitled to compensation, I. 349, 350.

tenant without power of alienation forfeits estate by license to com-
pany, I. 350.

damages not transferable by deed of the land after they accrue, I. 350.

ESTIMATES.

for advances under English practice, I. 415.

if

agree to be final, can only be set aside in equity, and for partiality or
mistake, I. 416, 417.

do not bar matters not referred, I. 417.

can only be set aside in equity, I. 425.

proof of fraud must be very clear, I. 425.

amendment alleging mistake in, I. 425.

engineer being shareholder no valid objection to, I. 425.

conclusive as to quality, but not quantity, I. 425.

not conclusive unless so agreed, I. 426.

wanting through fault of company, I. 432-436.

contractor may maintain bill in equity, I. 432.

grounds of equitable interference, I. 432, 433.
stipulation requiring engineer's estate valid, I. 434.

not equivalent to stipulation that no action shall be brought, I. 434,
435.

same as sale of goods at valuation of third party, I. 435.

ESTOPPEL.

in claim for land damages, from acquiescence and prescription, I. 352.
from agreement to waive notice to treat, I. 361, 362.

the delivery of a release as that of the company, I. 575, n. 4.

in pais.

what amounts to, I. 186; II. 356.

contract for right of way across railway, I. 400.

from denial of corporate existence and power, I. 663, 664.

cannot give validity to illegal act, II. 502, n.-

nor keep company from defence against such, II. 595.
(See RECORDS. EXPERTS.)

EVIDENCE.

oral, to explain writing, I. 127 - 129.

register, primâ facie, of membership, I. 157.

even though not made in time prescribed, I. 160.

oral, inadmissible to vary terms of subscription to stock, I. 159, 201, n. 16.

unless to show fraud or mistake, I. 159, 160, 201, n. 16.

original books of subscription, primary evidence, I. 182.
if these lost, secondary evidence admissible, I. 183.
books of private corporations, how far evidence, I. 216.
location conclusive evidence, I. 243, 244.

but plan or map may be referred to for explanation, I. 244.

EVIDENCE, Continued.

in estimating compensation for land, I. 273 – 276.

oral, received to show joint interest in plaintiffs, I. 272.
only legal can be received, as in other trials, I. 273.
may show what company paid for land adjoining, I. 273.
but not what they had been condemned to pay, I. 273, 274.
witness cannot give opinion of value, I. 273, 274.

experts, I. 275 and n. 26, 382.

of former dealings with same party competent, II. 84.
as to decision of company's engineer, I. 426.

as to freights established by directors, I. 449.

as to fires communicated by company's engines, I. 452.

as to injuries to domestic animals on tracks of companies, I. 465 et seq.

as to management of locomotives, I. 476, 551, 554.

of fraudulent practices, from manner of keeping books, I. 566.

to charge owner of goods with conditions in bill of lading, II. 22.

of usage, admissible, II. 118.

of ordinary results of transportation by sea, II. 119.

of notoriety of practice, II. 119.

in case of loss of baggage, II. 38, 147 – 149.

check is evidence against company, II. 38.

at common law, party could not be witness, II. 147.

some American courts held otherwise, II. 147.

cases reviewed, II. 148.

agents and servants of company competent, II. 148, 149.

jury may find contents of trunk, &c., from presumption, II. 149.
preponderating must be given, II. 172.

of loss of goods carried over successive lines, II. 172.

injury to passengers.

declarations of the party in regard to, II. 230.

of telegraphic communications, II. 240 and n. 3.
COMPANIES.)

EXCEPTIONS.

formal must be taken at earliest opportunities, I. 271.
EXCESSIVE CHARGES. (See TOLLS.)

(See TELEGRAPH

granted for land taken by company, after assessment of damages, I. 240, 241.
enforced in equity by appointment of receivers. (See RECEIVERS.)
(See PERSONAL REPRESENTATIVES.)

EXECUTOR.

EXEMPTION.

EXPERTS.

(See TAXATION.)

grounds upon which testimony of, is admissible, I. 275, 276.

in arbitration to determine land damages, I. 383.

as to management of locomotives, I. 476.

misconduct of railway operatives shown by, I. 552, 555.

testimony of, proper to be received as to management of train, I. 552

EXPERTS, Continued.

company not bound to exculpate themselves, I. 553.
neither party bound to produce such testimony, I. 553, 554.
but omission to do so may require explanation, I. 554.
as where company refuse to produce employees, I. 554.
general rules of law, as to evidence of, I. 554, 555, n.
EXPRESS CARRIERS. (See COMMON CARRIers.)

in England, packed parcels must be rated in mass, I. 448.
company liable where they allow servants to act as, II. 11 et seq.
though the perquisites go to the servants, II. 13.

owner of parcels may look to company, II. 13, 14.

upon European railways, II. 14, 15.

liable as common carriers, II. 15.

company performing transportation also liable, II. 15.
responsibilities and duties of, II. 15 – 29.

responsible as commmon carriers, II. 16.

carriers employed by express company also responsible, II. 17, 18.
rights of owner controlled by contract between expressman and car-
rier, II. 18.

must make personal delivery to consignees, II. 20.

stipulations limiting responsibility of, II. 20.

conditions must be reasonable and assented to, II. 20, 21.

power of consignor to bind owner of goods, II. 21, 22.

carriers in England cannot receive freight exclusively from, II. 22.

in England, first express carrier alone responsible, II. 22.

in America, owner may sue any company in fault, II. 22, 23.
where there is no contract or business connection, II. 23.
responsible for safe transportation and delivery to next carrier, II. 23.
dangerous character of goods must be communicated to, II. 24.
cannot stipulate for exemption from negligence, II. 24.

first carrier responsible only as forwarder after leaving his own route,
II. 24.

duty as to delivery, II. 25.

in collection of bills or notes, liable for all defaults, II. 25, 35.

may require receipt of consignee on delivery of goods, II. 26.

but consignee entitled to time for examination, II. 26.

stipulation that express company shall only be liable as forwarders,

II. 27.

liable for not making delivery to consignee, II. 30 – 33.

herein distinguished from railways, II. 32.

liable for loss from not keeping safely, II. 33.

contract with local carriers may be rescinded, II. 33, 34.

cannot charge in proportion to value of parcels and restrict liability,

II. 34.

not responsible beyond their own routes, II. 34, 35, 36, 107, 108.
where statute prohibits discrimination, II. 34, 35.