American Railroad and Corporation Reports: Being a Collection of the Current Decisions of the Courts of Last Resort in the United States Pertaining to Railroad and Corporation Law, Том 10John Lewis E.B. Myers, 1895 |
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Страница 21
... purchase from the owners . But such objec- tions to these proceedings are untenable . The location of the buildings of the company is within the discretion of the managers , and courts cannot supervise it . " In New York Cent ...
... purchase from the owners . But such objec- tions to these proceedings are untenable . The location of the buildings of the company is within the discretion of the managers , and courts cannot supervise it . " In New York Cent ...
Страница 25
... purchase or condemnation proceedings , and hence such uses impose no new burden or servitude upon the soil or abutting land . 3. NO DISTINCTION BETWEEN RAILWAYS FOR PASSENGER TRAFFIC AND FOR BOTH FREIGHT AND PASSENGERS . No reason ...
... purchase or condemnation proceedings , and hence such uses impose no new burden or servitude upon the soil or abutting land . 3. NO DISTINCTION BETWEEN RAILWAYS FOR PASSENGER TRAFFIC AND FOR BOTH FREIGHT AND PASSENGERS . No reason ...
Страница 30
... purchase or condemnation proceedings , and hence that such a user imposes no new burden or servitude upon the owner of the abutting land . The object of the user being within the conceded rights of the public , the methods of its ...
... purchase or condemnation proceedings , and hence that such a user imposes no new burden or servitude upon the owner of the abutting land . The object of the user being within the conceded rights of the public , the methods of its ...
Страница 31
... purchase and improve property thereon , hold their prop- erty rights subject to all the uses to which the street can be law- fully subjected by the public . New uses in the improvement in the mode of travel and transportation are ...
... purchase and improve property thereon , hold their prop- erty rights subject to all the uses to which the street can be law- fully subjected by the public . New uses in the improvement in the mode of travel and transportation are ...
Страница 37
... purchased their property . If these propositions are true , then it results that an abutting property owner on a street may have his property damaged or destroyed without redress , notwith- standing the constitutional guaranty that ...
... purchased their property . If these propositions are true , then it results that an abutting property owner on a street may have his property damaged or destroyed without redress , notwith- standing the constitutional guaranty that ...
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abutting action agreement alleged appear appellant appellee authority benefit carrier cars charges Chicago combination common carrier congress Constitution construction contract contributory negligence corporation court of equity covenant damages declared defendant defendant's Diamond Match Co Diamond Match Company duty employees enforce engaged evidence fact freight held highway illegal Illinois imposed injunction injury interest interstate commerce judgment jury land legislature liable Lumber manufacture ment monopoly N. E. Rep negligence obstruction Ohio operation opinion owner pany parties passenger Penn Pennsylvania person plaintiff plaintiff in error protection public policy purchase purpose question R. R. & Corp Railroad Co railroad company rates reasonable receivers regulate restraint of trade road rule sell statute stockholders street supra Supreme Court sustained thereof ticket tion track train transportation United unlawful valid violation void W. R. Co
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Страница 483 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Страница 475 - ... produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Страница 775 - 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.
Страница 474 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Страница 756 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations.
Страница 483 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several . states is vested in congress as absolutely as it would be in a single government having in its Constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.
Страница 472 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Страница 96 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice.
Страница 475 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Страница 766 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.