A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Cnstruction and Operation of Railroads and Also the Duties, Rights and Liabilities of Railroad Companies as Carriers, Under the Rules of the Common Law and the Interstate Commerce Act, Volume 2

Front Cover
Bowen-Merrill Company, 1897 - 3190 pages
 

Selected pages

Contents

ContractsScope of corporate power
475
General power to contractIllustrative instances
476
Power to contractControl of by courts
478
Effect of changes in charter
479
ContractsFormal requisites of
480
Formal defects
481
Contracts by interested persons
482
Mode prescribed must be pursued
483
ContractsParties bound to take notice of charter provisions
484
ContractsUnauthorizedNotice
485
EstoppelGenerally
487
Ratification of unauthorized actsRights of the public and of creditors
488
Contracts in conjunction with other parties
489
Contracts between connecting linesDivision of fares
490
Contracts permitting use of part of road
491
Traffic contractsSurrender to competing line
492
Contracts with municipal corporations for terminal facilities
493
Contracts for location of stations
494
Location of tracks switches and the like
495
Contracts that may be made by railroad companiesParticular instances
496
Pooling contractsGenerally
497
Pooling contractsThe authorities
499
Pooling contractsPresumption
500
ContractsUltra vires
501
ContractsUltra viresGeneral doctrine
503
ContractsWhat are ultra viresGenerally
504
ContractsUltra viresEstoppel
505
ContractsUltra viresExecuted and executory contracts
507
ContractsUltra viresCases discriminated
509
ContractsUltra viresIllustrative instances
511
Contracts Ultra vires Rule where statute prescribes conse quences
514
ContractsUltra viresDenial of reliefLaches
516
ContractsUltra viresCreditors
518
380 ContractsUltra viresNonassenting stockholders
519
Prohibited contractsEffect of prescribing penalties
520
Illegal contractsGenerally
522
Classes of illegal contracts
524
Contracts against public policyLocation of stations and tracks
526
Contracts void as against public policyGeneral conclusions
529
Contracts void as against public policyIllustrative cases
531
CHAPTER XVII
534
Statutory authority requisite
536
Power to acquire real estateImplied powerGenerally
537
Implied power to acquireGeneral rule
538
Power to acquire real estate Instances of denial of power
540
Title to real estate is in the company
541
Effect of conveyance to corporation of land it has no power to hold
542
Right of foreign corporation to hold real estate
543
The power to acquire by grant broader than the power to acquire by condemnation
544
Acquisition of title by adverse possession
546
Possession of landTo what right referred
548
Rights of company where land is owned in fee
549
Questioning the right to hold real estate
550
Executory contract of purchase not enforceable where there is no power to hold the land
551
Formal execution of conveyances and agreements relating to real estate
553
Contracts under corporate sealEffect as evidence
554
Acceptance of deed
555
Distinction between a donation of lands and a sale
556
Construction of deeds to railroad companiesGenerally
557
Deeds to railroad companiesConstruction of conditions
558
Grants BeneficialPresumption of acceptance
559
Incidents pass with principal thing granted
560
Covenants that run with the land
561
Merger of preliminary agreement in deed
562
Presumption that there is power to hold the land
563
Dedication of land for use as a highway
564
Disposition of property corporation has no power to receive and holdEscheat
565
CHAPTER XVIII
566
Power to leaseGenerally
567
What the legislature may prescribe
568
The power to leaseGeneral rule
569
The foundation of the rule
570
Statutes asserted to confer power to lease are not aided by con struction
571
Statutes strictly construedIllustrative instances
572
StatutesConstruction of
573
What is included in the authority to execute a lease
574
Scope of authority to lease
575
Consent of stockholdersStatutory requirement must be obeyed
576
What number of stockholders must assent to the lease
580
Consent of stockholdersWaiver of objections
581
Authority to execute lease has no extraterritorial effect
582
Leases to connecting lines
583
Lease to competing linesEffect of statutes prohibiting
584
Effect of executing unauthorized lease
585
LeaseConstruction
586
LeaseDependent and independent contracts
587
Contract to permit use of track not necessarily a lease
589
Traffic contract not valid if it is in effect a lease
590
Contract granting right to useEffect and construction of
591
Part performanceEffect of
592
Duration of lease
593
Public duties of lessee under an unauthorized leaseMandamus
595
Lessee not liable for wrongs committed prior to the execution of the lease
596
Effect of a lease upon rights of creditors
597
Authorized leaseRights and duties to which lessee company suc ceeds
598
Contract obligation of lessorLessee not liable thereon
599
Recovery of rent under unauthorized lease
600
Receivers power to lease
601
Authorized leaseLiability of lessor for injuries caused by neg ligence of lesseeCases holding lessor liable
603
Authorized leaseLiability of lessor for negligence of lessee in operating the roadAuthorities
604
operating the roadViews of the authors
605
Control reserved by lessor
607
Liability of lessee under authorized leaseIllustrative cases
608
Unauthorized leaseLiability of lessor to employes of lessee Generally
609
Unauthorized leaseLiability of lessorGeneral rule
611
Liability of lessee for injuries resulting from negligence in operat ing the road
612
Contracts of the lessee
613
Liability of company where it permits another company to use track in common with itself
614
Fraudulent leases
615
Unauthorized leaseInjunction
616
CHAPTER XIX
618
Power to guarantee bonds
620
Income bonds
621
Convertible bonds
623
Negotiability of bondsBona fide purchasers
625
Form and manner of issuing bondsEffect of irregularities
630
Interest coupons
632
Payment of bonds and interest
635
No power to mortgage without legislative authority
637
Legislative authority to mortgage
638
Distinction between authority to mortgage franchises and author ity to mortgage property
639
Who may execute the mortgage
640
Mandamus to compel the company to maintain stations and fur
641
Ratification by stockholders of unauthorized or improperly exe cuted mortgage
642
When ultra vires mortgage may be made effective
643
Recording mortgages
644
Generally as to what property is covered by the mortgage
645
What is covered by a mortgage of the undertaking
649
Mortgage of afteracquired property
650
Fixtures
654
Reserved power to create prior lien or dispose of unnecessary property
655
Trust deeds
658
Equitable and defective mortgages
659
Statutory mortgages
660
Debentures
661
CHAPTER XX
662
Option to declare whole debt dueElection
664
Foreclosure for default in payment of interest
666
Parties to foreclosure suitPlaintiffs
668
Bondholders as plaintiffs
669
Pledgees assignees and others as plaintiffs
674
Defendants in foreclosure suitsGenerally
676
When other lienholders should be made defendants
678
Defenses to foreclosure suit
681
Effect of provisions giving trustees the right to take possession and sell
682
The decree
686
Consent decree
687
Deficiency decree
688
Final and appealable decrees
689
CHAPTER XXI
692
Execution sales
695
Foreclosure salesAuthorityPurchasers
697
Sale on default in payment of interestSale of road as an entirety
698
Sale of consolidated roadSale by receiver pending foreclosure
700
Effect of salePurchasers title
701
When purchaser takes title free from liabilities and liens
703
Disposition of proceeds of sale
706
Preferred claimsSix months rule
707
Setting sale aside
710
Redemption
715
Reorganization by purchasers at salePower of legislature to pro vide for
717
Statutory reorganizationLiability of new corporation
719
Reorganization by agreementRights of minority
722
Rights and obligations of the partiesLaches and estoppel
724
Fraud in the sale or reorganization
725
Reorganization by the courts
728
CHAPTER XXII
730
Receivers generally
731
Jurisdiction of courts of equityStatutory provisions
732
Jurisdiction is sparingly exercisedPurpose of appointment
735
General rules as to when receivers of railroads will be appointed
736
Receivers will not be appointed merely because parties consent
739
Extent to which jurisdiction has been exercised
740
Insolvency as ground for appointment of receiver
741
When insolvency is sufficient without default
742
Default in payment of indebtedness as ground for appointment
743
Appointment in foreclosure proceedings
745
Other grounds for appointment
748
Appointment upon application of unsecured creditor
750
Appointment upon application of secured creditor
753
Appointment upon application of stockholders
757
Appointment upon application of corporation
758
What court may appoint
760
Court first obtaining jurisdiction retains itConflict of jurisdic tion
762
Extraterritorial jurisdiction
767
Ancillary appointment Comity
769
ProcedureEx parte application
773
Parties to proceedings for appointment of receiver
775
Appointment upon motion or petition and noticeAffidavits
776
Who may appointAppointment in vacation
778
Suit must generally be pending
779
Who may be appointed receiver
780
Order appointing receiver
783
Effect of appointment
784
Collateral attack on appointment
786
Title and possession of receiver
787
Authority rights and duties of receiverControl by court
788
Contracts of receiver
790
Suits by receiversAuthority to sue
792
When receiver may maintain suitDefenses to receivers suit
795
Right of receiver to sue in other jurisdictionsComity
796
Suits against receiversLeave to sue must be obtained
799
Effect of failure to obtain leave to sue
802
Effect of recent act of congress
804
Rule where suit has been commenced before appointment of re ceiver
807
Protection of receiver by the court
808
Liability of receiversGenerally
811
Liability for torts
812
Receiver is bound to perform public dutiesMandamus
815
Liability on contracts
816
Liability on claims arising from operation of the road
817
Liability of corporation
819
Receivers of leased lines
821
Receivers accounts
822
Compensation of receiver
824
Attorneys fees
826
Removal and discharge
828
Effect of removal or discharge
831
CHAPTER XXIII
832
Power of courts to authorize
833
Purposes for which receivers certificates may be issuedExtent of power
834
Order giving authority to issue
838
Lien created by receivers certificates
840
Statutory provisions as to lien
841
Negotiability of receivers certificates
842
Rights of holders of receivers certificates
843
Who may question validity of receivers certificates
844
Payment and redemption of certificates
846
CHAPTER XXIV
848
Trust fund doctrine
849
Dissolution in case of consolidated company
865
Corporation may have a qualified existence after dissolution
866
Disposition of property on dissolution
868
Rights of creditors upon dissolution
869
CHAPTER XXV
871
When incorporation must be alleged
872
Actions and suits against corporations
874
Power of corporation over litigationPower to compromise and arbitrate
875
Estoppel to deny corporate existence
876
When stockholders may sue
877
Service of process
878
Return of service
882
Venue of actions against corporations
883
Attachment and garnishment
886
Duty and liability of garnishee
889
What may be reached in garnishment
890
Garnishment of employes wages
893
InjunctionGenerally
895
Injunction where the company seeks to take or condemn lands
897
Injunction where railroad is laid in a street
899
Enjoining a nuisance
902
Injunction at suit of the company
904
Enjoining strikers
908
Injunction at suit of stockholder
911
Mandatory injunctionEnglish cases
913
MandamusGenerally
915
Mandamus to compel completion and operation of road
916
Mandamus to compel restoration of highway and construction of crossings or viaducts
918
Mandamus to compel carriage of freight
919
nish increased facilities
920
When mandamus will not lie
923
Who may be relator
925
Quo warranto
926
CHAPTER XXVI
928
What are suits of a civil nature under the removal acts
929
Parties
932
Rights of removal as affected by amount in controversy
934
Diverse citizenship as a ground for removal
935
Separable controversy
937
Prejudice or local influence as a ground for removal
939
Removal where federal question is involved
941
Time and manner of making application for removal
943
Effect of application on jurisdiction of state and federal court
945
Remanding and dismissing cause
947
Pleading and practice in federal court after removal
949
CHAPTER XXVII
950
power of the states
951
Legislative power over private rights of railroad companiesNa ture of
952
Constitutional protection
954
The limits of legislative power unduly extended
955
Regulations affecting acts and duties of a public nature
956
Corporate rights are subject to the police power
958
The police power is fettered by limitations
959
The subject must be one over which the police power extends Cases adjudging statutes invalid
962
Police powerLegislative and judicial questions
964
The police power and the commerce clause of the federal consti tution
966
Regulations that have been held valid
967
The power to impose penalties in favor of private personsCon stitutional questions
972
Regulating speed of trains
974
Requiring services and denying compensation
975
Federal corporations State can not transform into a domestic corporation
976
CHAPTER XXVIII
977
Introductory
978
Nature of state railroad commissions
979
The power to create railroad commissions
980
Strictly judicial powers can not be conferred upon administrative or ministerial officers
982
Granting authority to make regulations not a delegation of legis lative power
983
Members of railroad commission are public officers
985
Qualifications of commissioners
986
Jurisdiction of railroad commissioners
988
Jurisdiction of commissioners not extended by implicationGen eral rule
990
Incidental powers of a railroad commission
991
Orders of commissioners not contracts
992
Regulation of charges for transporting property and passengers
993
Domestic commerce
994
Reasonableness of freight and fare tariff of ratesHow far a ju dicial question
996
Regulation of chargesTest of resonableness
998
StationsPower to order company to provide
1002
Procedure before the commissioners
1004
Effect of the decision of the commissioners that a company has not committed an act authorizing a forfeiture
1005
Enforcing the orders of the commissionersGenerally
1006
Enforcing the orders of the commissionersMandamus
1007
Mandamus enforcing orders of commissionersIllustrative cases
1008
Suits against railroad commissioners are not ordinarily suits against the state
1010
Remedies for illegal acts of railroad commissioners
1011
Parties to suits against railroad commissioners
1013
Review by certiorari
1014
Where commissioners exceed their jurisdiction injunction will lie
1015
Vacating orders of commissioners on the ground of fraud
1016
CHAPTER XXIX
1018
Penal statutes strictly construedNo extraterritorial effect
1021
Right of action as affected by penal statutesEffect of violation as proof of negligence
1023
Action for enforcement of penal statutes
1026
The informers rightsParties
1027
The penaltyComputation
1029
When penalty and when liquidated damages
1031
Indictment of railroad companies for causing death
1034
Violation of Sunday laws
1035
Indictment of railroad company for maintaining a nuisance
1036
Obstruction of highways
1038
Failure to maintain accommodations at stations
1040
Statutory signalsStops at crossings
1041
Blackboards and bulletins at stations
1042
Unlawful speed
1043
Other penal regulations
1044
Violation of federal regulations
1046
Offenses against railroadsObstructing mails and interfering with interstate commerce
1047
Climbing on car Evading payment of fare
1048
Shooting or throwing missiles at car
1051
Breaking into depot or carBurglary
1052
Other crimes against railroad companies
1053
CHAPTER XXX
1055
Legislative power
1056
Appropriate method of assessing
1057
Methods of taxation
1058
Statutory method of assessment exclusive
1059
Equality and uniformity
1060
Failure of the corporation to make returnEffect on stockholder
1061
Discrimination
1062
Lien of assessment
1063
Exemption from taxationConsolidation
1064
Right of exemption nonassignable
1066
Exemption of property used in operating railroad
1067
RemediesInjunction
1069
Tender of amount of taxes owing is required
1071
CHAPTER XXXI
1072
Interstate commerceObstruction of
1073
Railroad property used in interstate commerce is taxable by the states
1074
Interstate commerceTaxation of property brought from one state into another
1076
Mileage basis of valuation
1077
License tax
1078
Privilege tax on interstate railroads
1079
Excise tax
1081
Tax on passengers carried
1083
Tax on gross receipts of interstate commerce corporations
1084
Fees for the right to be a corporation not taxes
1085
Impairing obligation of a contract
1086
Impairing obligation of contractsTax on bonds
1088
Exemption of railroad propertyContractAlteration of charter
1089
Due process of law in tax proceedings
1091
Equal protection of the lawsCorporations are persons
1092
Equal protection of the lawsWhat is a denial of
1093
Fourteenth amendmentUnequal protection generally
1094
Classification not a denial of equal protection
1095
Corporations deriving rights from the United States
1096
Domestic commerce
1097
CHAPTER XXXII
1099
Local assessmentsPower to levy
1101
Statute must be complied with
1103
Property subject to local assessmentGeneral rule
1105
Property of railroad companies
1106
Right of wayWhether subject to assessment
1107
Abutting propertyRight of way is not
1110
Right of wayMode of assessing
1111
Lien of the assessment
1112
Assessment of right of wayEnforcing assessment
1114
Procedure
1116
CHAPTER XXXIII
1117
Land grants
1118
Construction of land grantsIllustrative cases
1120
Effect of grant
1123
Effect of grantIllustrative cases
1125
Reserved lands
1126
Indemnity lands
1127
Priority of rights
1128
Breach of conditionForfeiture
1129
Legislative declaration of forfeiture
1130
Cancellation of grants and entries
1131
Staking and surveying line does not conclude the company
1132
Where state renders performance of condition impossible grant is not defeated
1134
Notice by possession
1135
Effect of reservation of right to use railroad as a highway
1136
CHAPTER XXXIV
1137
State aid
1138
State aidLien of state
1139
ConditionsPower of municipality to prescribe
1185
Change of municipality
1186
Limitations upon the amount
1187
Valuation of property
1188
Conditions must be performed
1189
Preliminary survey
1190
PetitionRequisites ofPetitionersQualifications of
1191
Notice of election
1194
Influencing voters
1195
Vote does not of itself constitute a contract
1196
Aid authorized by popular voteDuty of local officer
1197
Contract granting aidSubscriptionEnforcement
1198
Power of municipal officers where statute required submission to popular vote
1201
Acceptance of aid
1203
Ratification of subscription
1204
Rights and liabilities of municipal corporations as stockholders
1206
Estoppel of taxpayers
1207
Remedies of taxpayers
1208
Remedies of municipalities
1210
Remedies of railroal companies
1211
CHAPTER XXXV
1214
Power to issue aid bonds
1215
Legislative authority requisite
1216
Constitutional questionsCompleted road
1217
Governmental subdivision may be authorized to issue bonds
1218
Execution of the power to issue aid bondsImplied powers
1219
Formal execution of bonds
1220
Proceedings of municipal officers must conform to the statute
1222
Conflict of authority
1223
Purchasers of aid bondsDuty to ascertain that power to issue bonds exists
1225
Limitation of amountConstruction of statute
1226
Bonds in excess of the limit prescribed by statute
1227
Bonds running beyond time prescribed
1228
Performance of conditions
1229
Ratification of bonds irregularly issued
1230
When bonds are void
1231
Bona fide holders of aid bonds
1234
Estoppel by recitals in bondsGeneral doctrine
1235
Estoppel by recitals in bondsIllustrative cases
1237
Recitals in bonds not always conclusive
1240
Official certificatesConclusiveness of
1241
Recitals in bonds to constitute an estoppel must be of facts
1242
No estoppel where the officer ordering bonds to issue had no juris diction
1243
Estoppel otherwise than by recitalIllustrative instances
1244
Estoppel by retention of stock
1246
Recitals in bondsEffect of against bondholders
1247
RefundingSubstitution
1248
Discretionary powers and peremptory duty
1249
Registration
1250
Rights of bona fide holders not affected by sale of bonds at less sum than that prescribed by statute
1251
Liability of municipality to purchaser of invalid bonds
1252
Defenses to aid bonds
1253
Bondholders not bound by proceedings to which they are not parties
1255
Compelling the issue of bonds
1257
Copyright

Common terms and phrases

act of consolidation agreement Bank bondholders bonds Central Central Trust Co charter Chicago cited City conferred Conn consolida consolidated company constituent companies construction Contracts-Ultra conveyance Corp corporate powers County coupons court creditors deed directors doctrine duty effect eminent domain enforced estopped estoppel execute a lease franchises grant held hold holders interest Iowa Keokuk land legislative legislature lessee lessor company liability lien Louis Louisville malum in se Mass Minn mortgage N. J. Eq Ohio St operating the road pany party Pennsylvania perform persons poration possession Priv public policy purchase purpose R. R. Co rail Railroad Co railroad company railroad corporation railway real estate road company rule stockholders Tenn term Terre Haute tion tract traffic contract Trust ultra vires unauthorized Union valid void Wall York

Bibliographic information

TitleA Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Cnstruction and Operation of Railroads and Also the Duties, Rights and Liabilities of Railroad ..., Volume 2
A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Cnstruction and Operation of Railroads and Also the Duties, Rights and Liabilities of Railroad Companies as Carriers, Under the Rules of the Common Law and the Interstate Commerce Act, William Frederick Elliott
AuthorsByron Kosciusko Elliott, William Frederick Elliott
PublisherBowen-Merrill Company, 1897
Original fromthe University of Michigan
Digitized28 Jun 2012
Length3190 pages
  
Export CitationBiBTeX EndNote RefMan