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" ... to its former state, or to such state as not unnecessarily to have impaired its usefulness. "
The American and English Railroad Cases: A Collection of All the Railroad ... - Page 325
edited by - 1891
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The Amended Code of West Virginia: Containing All the Chapters of the Code ...

West Virginia - 1884 - 994 pages
...restore the stream, water course, street, highway, road, turnpike or canal, thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefnlness, and to keep such crossing in repair. Nothing in this chapter contained shall be construed...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 200

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1906 - 700 pages
...no common law powers. If there was a common law duty of the railroad company to restore the stream to its former state or to such state as not unnecessarily to impair its usefulness, there is no allegation that it has violated any such duty. To compel it to do...
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The Northeastern Reporter, Volume 23

1890 - 1220 pages
...1880. The railroad company was authorized to construct its road across the highway under an obligation to restore it ".to its former state, or to such state...not unnecessarily to have impaired its usefulness." Before entering upon the highway, itwas required to have the written consent of the highway commissioners...
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The Northeastern Reporter, Volume 43

1896 - 1148 pages
...for the proposition that a railroad company, In discharging Its duty to restore a highway crossed by it, to "its former state or to such state as not unnecessarily to have Impaired its usefulness," may change the line of the highway, if that Is a reasonable method of restoration. We think the case...
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Annual Report, Volume 1

New York (State). Board of Railroad Commissioners - 1885 - 694 pages
...restore the stream or water-course, street, highway, plankroad and turnpike thus intersected or touched to its former state, or to such state as not unnecessarily to have impaired its usefulness. Every company formed under this act shall be subject to the power vested in the Canal Commissioners...
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A Treatise on the Law of Railroads, Volume 2

Horace Gay Wood - 1885 - 806 pages
...or upon any highway," etc., " but the company shall restore the highway thus intersected or touched to its former state, or to such state as not unnecessarily to have impaired its usefulness." The defendant, in the exercise of its discretion, carried a highway in the town of Sweden, which it...
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The Northeastern Reporter, Volume 26

1891 - 1148 pages
...possessed; so also in respect of the duty imposed on a railroad company whose road is located in a highway, to restore it to its former state, or to such state as not unnecessarily to impair its usefulness. The duty is solely a corporate duty which the company is bound to perform, and...
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The American Reports: Containing All Decisions of General ..., Volume 53

Isaac Grant Thompson - 1886 - 934 pages
...road shall intersect or touch, but provides that the company shall restore the stream or water-course to its former state, or to such state as not unnecessarily to impair its usefulness. As railroads are then authorized by law to bridge streams of the character of...
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The Practice in Special Proceedings in the Courts of Record of the State of ...

James Newton Fiero - 1887 - 772 pages
...the stream, or water-course, street, highway, plankroad and turnpike, thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness. Every company formed under this act shall be subject to the power vested in the canal commissioners...
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The Revised Statutes of the State of Illinois: Embracing All Laws of a ...

Illinois - 1887 - 2194 pages
...course, street, highway, plank road, turnpike and railroad thus intersected or touched, to its formrr state, or to such state as not unnecessarily to have impaired its usefulness, and keep such crossing in repair; J'rvmded, that in no case shall any company construct its way without...
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