The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods and Passengers, Constitutional Law, Investments, &c., &c, Том 2Little, Brown,, 1867 |
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Страница xxvii
... Court 12 and 13. Recent cases in the state courts SECTION II . 419 420-426 426 , 427 427 POWER OF THE LEGISLATURE TO IMPOSE RESTRICTIONS UPON EXISTING CORPORATIONS . 1. Are subject to legislative control in regard to police 2 , and n ...
... Court 12 and 13. Recent cases in the state courts SECTION II . 419 420-426 426 , 427 427 POWER OF THE LEGISLATURE TO IMPOSE RESTRICTIONS UPON EXISTING CORPORATIONS . 1. Are subject to legislative control in regard to police 2 , and n ...
Страница xlii
... Court in regard to their validity ( 1. ) Court would not probably regard this case as proper to be refer- red to them by executive or legislative department of the government ( 2. ) But specific provisions of constitution on the subject ...
... Court in regard to their validity ( 1. ) Court would not probably regard this case as proper to be refer- red to them by executive or legislative department of the government ( 2. ) But specific provisions of constitution on the subject ...
Страница 12
... Court of Errors . But these cases , and the writers named , adopt this view of the subject , upon the ground that the charter of the company limits their business to the carrying of ' goods , wares , and merchandise , ' and that bank ...
... Court of Errors . But these cases , and the writers named , adopt this view of the subject , upon the ground that the charter of the company limits their business to the carrying of ' goods , wares , and merchandise , ' and that bank ...
Страница 27
... court so as to make it correspond with the verdict . The District Court , in a proper case , be- fore judgment , may direct the complaint to be so amended . The foregoing case we regard as one of great interest . The amount involved ...
... court so as to make it correspond with the verdict . The District Court , in a proper case , be- fore judgment , may direct the complaint to be so amended . The foregoing case we regard as one of great interest . The amount involved ...
Страница 29
... court fall short of the ultimate truth upon those points , they clearly cover the case , and that is all the court could decide . We do not like to make invidious comparisons between the opinions of courts in different sections , but we ...
... court fall short of the ultimate truth upon those points , they clearly cover the case , and that is all the court could decide . We do not like to make invidious comparisons between the opinions of courts in different sections , but we ...
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Чести термини и фразе
action agent allowed American amount apply arrival assume authority baggage Bank Barb bill of lading bound carriage carry cars caused charge claim common carriers condition consequence considered consignee construction contract corporation Counties course court damages defendants delivered delivery directed duty effect English entitled equity evidence excuse exemption express extent fact freight give given granted ground held injunction injury interest jury land liable limit London Lord loss mandamus mode nature negligence notice occurred opinion ordinary owner parcels party pass passenger Penn person plaintiff powers proper question Railw railway railway company reasonable receive recover reference refused regard responsibility result risk road route rule safe seems servants ship station statute steamboat sufficient ticket tion train transportation undertaking unless Western Railw writ York
Популарни одломци
Страница 180 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Страница 428 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Страница 432 - That the framers of the constitution did not intend to restrain the States in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us is not to be so construed, may be admitted.
Страница 379 - It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citi/ens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
Страница 251 - It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Страница 476 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Страница 257 - Courts, except replevin and ejectment, may endorse upon the writ and copy to be served a notice that the plaintiff intends to claim a writ of mandamus, and the plaintiff may- thereupon claim in the declaration, either together with any other demand which may now be enforced in such action, or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.
Страница 340 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Страница 428 - According to the maxim, sic utere tuo ut alienum non ((edits, which, being of universal application, it must, of course, be within the range of legislative action to define the mode and manner in which every one may so use his own as not to injure others.
Страница 427 - The continued existence of a government would be of no great value if by implications and presumptions it was disarmed of the powers necessary to accomplish the ends of its creation, and the functions it was designed to perform transferred to the hands of privileged corporations.