A Treatise on the Law of Railways, Volume 1Callaghan, 1884 - 1618 pages |
Contents
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Common terms and phrases
action agent allowed amount appeal assessment authority Bank benefit bonds Boston capital stock cause charter Chicago cited City Cleveland common compensation condition Conn constitution construction contract corporation County court created crossing damages defendant directors duty easement effect enforced Erie existence fence given grant held highway holder Hudson injury interest Iowa land liable limited Louis Maine manner Mass matter Minn Miss mortgage N. Y. Cent necessary negligence notice Ohio Ohio St operating organization original owner paid party pass Paul payment Penn person proceedings proper question R. R. Co railroad company railroad corporation reason respect River R. R. road rule Smith statute stockholders street subscribed subscription subsequent suit supra taken taking thereof tion Union valid Wall Western York
Popular passages
Page 426 - Private property shall not be taken for public use without just compensation first being made, or secured to be made to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.
Page 28 - A street is made for the passage of persons and property ; and the law cannot define what exclusive means of transportation and passage shall be used. Universal experience shows that this can best be left to the determination of the municipal authorities, who are supposed to be best acquainted with the wants and necessities of the citizens generally. To say that a new mode of passage shall be banished from the streets, no matter how much the general good may require it, simply because streets were...
Page 681 - Company"; and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States...
Page 21 - York of 1828, chap. 18, tit. 3, it was enacted that "the charter of every corporation that shall hereafter be granted by the legislature shall be subject to alteration, suspension, and repeal, in the discretion of the legislature.
Page 16 - Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes.
Page 546 - ... nor to authorize the construction of any railroad not already located in, upon or across any streets in any city, without the assent of the corporation of such city.
Page 171 - The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University.
Page 4 - That railroads, though constructed by private corporations and owned by them, are public highways, has been the doctrine of nearly all the courts ever since such conveniences for passage and transportation have had any existence. Very early the question arose whether a State's right of eminent domain could be exercised by a private corporation created for the purpose of constructing a railroad. Clearly it could not, unless taking land for such a purpose by such an agency is taking land for public...
Page 284 - ... individuals and corporate bodies have been authorized to take private property for the purpose of making public highways, turnpike roads, and canals; of erecting and constructing wharves and basins ; of establishing ferries ; of draining swamps and marshes; and of bringing water to cities and villages.
Page 284 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.