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CONTRIBUTORY NEGLIGENCE-CROSSING–Continued.
Continued.

street.

See STREETS
tributory negligence may be HIGHWAYS.
raised by demurrer. Favre v. DAMAGES.
Louisville & N. R. Co. (Ky.), Excessive damages for wrongful
594.

expulsion of passenger. What
Presumption of ordinary care is verdicts have been sustained,

overthrown where there is di- and what set aside, 643 n.
rect proof that ordinary dili.

$50 held excessive, for fail.
gence was not used. Dewald

ure
to carry

passenger
v. Kansas City, F. S. & G. R. agreed. Eddy v. Harris (Tex.),
Co. (Kan.), 557.

473.
CONVEYANCE.

$750 for expulsion of passen-
Church property; deed of right of ger, held excessive. Georgia

way over, from members of Ř. & B. Co. v. Eskew (Ga.), 636.
church who had no authority,

$5,246 not excessive for per-
held not to authorize taking of sonal injuries. Southern Kan.
land. Macon & A. R. Co. v. R. Co. v. Walsh (Kan.), 493.
Riggs (Ga.), 40.

- $6,050 for severe personal
Grant of right of way including fee injuries held not to be. Mel.

in public highway. Agreement lor v. Missouri P. R. Co. (Mo.),
by company to reconstruct

450.
highway on other land. Con-

$10,000 verdict not disturbed,
tract held not to be against plaintiff's foot having been am-
public policy. Post v. West putated near ankle.

Olson v.
Shore & B. R. Co. (N. Y.), 322. St. Paul & D. R. Co. (Minn.),
Restoration of highway in consid-

573.
eration of grant of right of way. Exemplary damages allowed
Damages for failure of company where there is ejection of pas-
to keep agreement held not ex-

senger from moving train, on a
cessive. Post v. West Shore & dark night. Fell v. Northern
B. R. Co. (N. Y.), 322.

Pac. R. Co. (C. C.), 622 n.
CORPORATION.

for expulsion of passenger.
Contract of corporation with di- not recoverable, unless undue
rectors. Lease of road con-

force, insult, or malice is
structed by them. See LEASE. shown. Tomlinson v. Wilming-
Lease of trackage rights. Cor- ton & S. C. R. Co. (N. Car.),
porate powers. See LEASE.

620.
Partial construction of road. As

for injury to

passenger
to part of railroad completed caused by derailment, not con-
company may maintain its cor-

fined to cases where there is en-
porate existence and franchise. tire want of care. Alabama G.
Wheeling B. & T. R. Co. v. S. R. Co. v. Hill (Ala.), 501.
Camden C. 0. Co. (W. Va.),

for injuries to passengers,
27.

caused by use of rotten ties and
Residence of railroad company.

old rails. Alabama G. S. R.
Absence of president from state. Co. v. Hill (Ala.), 501.
Residence of vice president.

for injuries to passenger,
Harper v. Newport News & N. caused by defective track, 512 n.
V. R. Co. (Ky.), 373 n.

for injuries to passenger not,
CROSSING.

recoverable, where defendant's
Condemnation by one railroad officers and servants did not
company of right to cross an-

know that track was so defect.
other. See EMINENT DOMAIN, ive that accident was probable.

Property subject to condemnation. Richmond & D. R. Co. v. Vance
Laying out highway across rail. (Ala.), 512 n.
road track. Damages to which

for wrongful expulsion of
company is entitled, 161 n.

passenger, may be given when
Widening street. Damages to be malice or oppression are shown.

allowed railroad which had con. Louisville, N. A. & C. R. Co. v.
structed its track over such Wolfe (Ind.), 630.

not

EMINENT DOMAIN. See ADVERSE

Possession; EJECTMENT; LOCA-

TION.
Railroads in streets and highways.

Right compensation, See

STREETS AND HIGHWAYS.
Public Use.
Union depot company; statute

conferring power of eminent
domain on, held constitutional.
Fort St. U. D. Co. v. Morton

(Mich.), 41.
Exercise of Right.
Additional servitude. No author.

ity to condemn land already
taken for purpose of bridge.
Payne v. Kansas & A. V. R. Co.

(C. C.), 228.
Authority of small railroad com-

panies promoted partially as

private enterprises, 68 n.
Certificate of incorporation ; de.

livery of, for record held not a
condition precedent to exercise
of right to condemn. Wheeling
B. & T. R. Co. v. Camden C. 0.

Co. (W. V'a.), 27.
Electric railway company held

authorized to condemn
private property for right of
way. Thomas & Houston Elec.
tric Co. ?'. Simon, (Or.), 51.

DAMAGES-Continued.

Wounded feelings; compensation

for, should be adjusted for all
the circumstances. Georgia R.

& B. Co. v. Eskew (Ga.), 636.
Personal injuries. Failure of

plaintiff's physician to call in
surgeon to perform operation
has no bearing on right of re-
covery, and does not lessen
damages. Alabama G. S. R.
Co. v. Hill (Ala.), 501.

Loss of earnings; considera-
tion of, where evidence as to
has been admitted but where
such loss has not been specially
pleaded. Mellor v. Missouri P.

R. Co. (Ms.), 450.
DEATH.

Contributory negligence. In ac-

tion for death where contribu.
tory negligence is shown by
plaintiff's testimony, he does
not make out a prima facie case.
Dewald v. Kansas City, F.S. &

G. R. Co. (Kan.), 557.
U. S. mail clerk killed while on

railroad train. Statutory pen.
alty for death may be recovered.
McGoffin V. Missouri P. R.

Co. (Mo.), 489.
DEPOTS. See STATIONS.
DIRECTORS.

Contract of corporations with di.

rectors. See LEASE.
Election of directors. See Offi.

CERS.
Power to make contract. See

OFFICERS.
DONATION. See SUBSCRIPTION.
ELECTION. See OFFICERS.
ELECTRIC RAILWAY.

Authority to condemn lands. See

EMINENT DOMAIN, Exercise of

right.
Electric street railway. Right of

abutting lot owners to compen-

sation. See STREET RAILWAYS.
EJECTMENT.

Action may be maintained against

railroad to recover roadbed
used by company and taken
without authority or consent.
Jacksonville, T. & K. W. R. Co.

V. Adams (Fla.), 206.
Adverse possession under color

of title. Defective condemna.
tion proceedings. Cogsbill v.

Mobile & G. R. Co. (Ala.), 211 n.
Ejectment against railroad com-

panies, 211 n.

Authority to exercise right
of eminent domain, 57 n.
Express authority. Power can be

exercised only when expressly
or impliably granted, and must
be exercised in manner granted.
Payne v. Kansas & A. V. R.

Co. (C. C.), 228.
Location of road within city as

directed by city council ; pow.
er to condemn land outside of
such location. Tudor v. Chica.
go & S. S. R. T. R. Co. (III.),

70 n.
Obtaining material. Condemna.

tion of land for purpose of ob-
taining gravel and other mate-
rials. When the petition should
be denied. Wisconsin Ceni. R.

Co. v. Kneale (Wis.), 70 n.
Prior negotiation for land as pre-

requisite to right to condemn.

See Procedure, post.
Question for court ; authority to

condemn land is, and and it is
error to submit question to jury.
London v. Sample L. Co. (Ála.),

69 n.
Security for compensation, Com-

cross

EMINENT DOMAIN.

EMINENT DOMAIN,
Exercise of Right-Continued. Property Subject to Condemna.
pany's right to condemn proper.

tion-Continued.
ty not conditional on security designated by condemning com-
given being adequate for all fu. pany and compensation made
ture time.

Wallacev. New for single manner designated.
Castle N. R. Co. (Pa.), 111.

National Docks & N. J. J. C. R.
Single exercise of right of eminent Co. v. State (N. J.), 87.

domain does not exhaust Crossing of two roads. Railroad
the grant.
Ewing v. Alabama

company inay condemn right to
& V. R. Co. (Miss.), 71 n.

lands of another. Na.
Small railroad constructed for tional Docks & N. J. J. C. R.

carrying freight to and from Co. v. State (N. J.), 87.
limekilns between two places,

Railroad crossed must yield to
and goods to and from stores, interference which will not de-
being eight miles in length, held stroy reasonable use of its road.
entitled to right of eminent do. National Docks & N.J.J. C. R.
main by legislative grant.

Co. v. State (N. J.), 87.
Farnsworth v. Lime Rock R.

What is acquired in condemn-
Co. (Me.), 64.

ing crossing. Place of crossing
Station grounds and side tracks : remains in common use of both

railroad company held entitled companies. National Docks &
to condemn land for. Ewing v. N. J. J. C. R. Co. v. State (N.
Alabama & V. R. Co. (Miss.), J.), 87.
70 n.

When legality of plan and
Taking of wood, gravel, etc.; manner of crossing may be re-

power to condemn lands under viewed by supreme court on
charter authorizing. Richmond, certiorari. National Docks &
F. & P. R. Co. v. Knopff (Va.), N. J. J. C. R. Co. v. State (N.
70 n.

J.), 87.
Union depot company; title of Land of corporation not needed

act held sufficient to warrant for corporate purposes may be
conferring power of eminent! taken whether it is acquired by
domain upon.

Fort St. U. D. condemnation or by purchase.
Co. v. Morton (Mich.), 41.

Cincinnati, S. & C. R. Co. v.
Widening existing line of railway. Belle Centre (Ohio), 72.

Limits of deviation. English Lands under navigable waters
Railway Clauses Consolidation

may be condemned.

Kerr 7.
Act. Finck v. London & S. W. West Shore R. Co. (N. Y.),
R. Co. (Eng.), 69 n.

69 n.
Property Subject to Condemna. Located route ; lands sought to
tion.

be condemned must be within
Church property is subject to con- so that they shall be capable of

demnation for railroad purposes. definite ascertainment. Na-
Macon & A. R. Co. v. Riggs tional Docks & N. J. J. C. R.
(Ga.), 40.

Co. v. State (V. J.), 87.
Crossing of two roads. Condem- Market company; property of, is

nation by one railroad of cross- not exempt from condemnation
ing over another, 97 n.

under the right of eminent do.
Failure to designate in peti- main by a railroad company.
tion manner of crossing. What Twelfth St. M. Co. 4. Philadel-
privilege or easement is acquir. phia & R. T. R. Co. (Pa.), 93.
ed National Docks & N. J. J. Municipal corporation cannot take
C. R. Co. v. State (N. J.), 87.

for a street land used for a rail-
Interposition of equity where road track; such proceedings
conflict

occurs between two will be enjoined. Seymour v.
companies in the exercise of the Jeffersonville, M. & I. R. Co.
easement condemned. National (Ind.), 38.
Docks & N. J. J. C. R. Co. v.

may take land of railroad
State (N. J.), 87.

company not needed or used
Manner of crossing may be for company's business. Cin-
EMINENT DOMAIN.

EMINENT DOMAIN,
Property Subject to Condemna. Right to Compensation-Contin.
tion-Continued.

ued.
cinnati, S. & C. R. Co. v. Belle has been constructed. Texas
Centre (Ohio), 72.

W. & R. Co. v. Cave (Tex. ),
Property already taken under 164 n.

power of eminent domain can- Limitation. Action to have dam.
not be taken for another use ages assessed held neither an
without express authority. Cin- action of trespass, nor one on a
cinnati, S. & C. R. Co. v. Belle liability created by a statute,
Centre (Ohio), 72.

within statute of limitations,
Railroad land. Power of one Land v. Wilmington & W. R.

railroad company to condemn Co. (N. Car.), 161.
land of another company ac- Private property under U. S. con.
quired by purchase and not by stitution can be taken for pub.
eminent domain. In re Provi. lic use only by making just

dence & W. R. Co. (R. I.), 97 ». compensation. Payne v. Kan-
Railroad track; appropriation of, sas & A. V. R. Co. (C.C.), 228.

lengthwise for highway, 39 n. Purchaser of land; right of, to
Water company; authority of, to compensation subsequent to its

condemn property of railroad occupation by a railroad but be-
company. Old Colony R. Co. fore condemnation. San An-
2. Framingham Water Co. tonio & A. P. R. Co. r. Ruby
(Mass.), 86 n.

(Tex.), 168 n.
Right to Compensation.

" Secure.” Word in constitution
Act of congress giving company means that it must be made

right of way through public reasonably sure that property
land. Using land for purpose. owner will be able to collect his
not authorized, gives right to damages. Wallace v. New Cas.
compensation. Payne v. Kan- tle N. R. Co. (Pa.), II.

sas & A. V. R. Co. (C. C.), 228. Security for compensation. What
Additional servitude, must be is sufficient. Bonds, 1151,

paid for. Payne v. Kansas & Security. Statute providing that
A. V. R. Co. (C. C.), 228.

landowner mighi require com-
Cherokee citizen held en- pany to give security to seleci-
titled

compensation for. men of town held sufficient.
Payne v. Kansas & A. V. R. Old Colony R. Co. v. Framing-
Co. (C. C.), 228.

to

ham W. Co. (Mass.), 115 ».
Additional use created by con- “ Sufficient sureries! in statute
struction of bridge, held to de-

mean such sureties as are rea-
mand additional pay. Pavner. sonably safe at the time they
Kansas & A. V. R. Co. (C. C.), are taken. Wallacev. New Cas.
228.

tle N. R. Co. (Pa.), II.
Bond as security. After bond Right and Title Acquired.

has been approved and filed, Additional servitude ; use beyond
landowner cannot restrain com-

the purpose of first condemna-
pletion of road on ground that tion creates, and there may be
both company and sureties have taking which has not been paid
become insolvent. Wallace v. for. Payne v, Kansas & A V.
New Castle N. R. Co. (Pa.), R. Co. (C. C.), 228.
III.

Bridge. Use of lands condemned
Cause of action against company; for right of way for bridge and

landowner does not have, for approaches, is not authorized
damages awarded until com-

by first condemnation. If ad.
pany makes entry or accept- ditional burden is created, land
Manion 7. Louisville, St.

must be condemned again.
L. & T. R. Co. (ky.), 107.

Payne 0. Kansas & A. V. R.
Limitation of actions to recover Co. (C. C.), 228.
compensation, 164 n.

Company permitting third party
to recover damages to land! to use premises condemned for
not taken where the railroad depot purposes held to change

ance.

EMINENT DOMAIN.

EMINENT DOMAIN.
Right and Title Acquired-Con- Damages— Continued.
tinued.

dence as to benefits. Colorado
the use and to be liable to own-

Cent. R. Co. v. Humphreys
er for their rental value. Lyon (Colo.), 155 n.
v. McDonald (Tex.), 217.

Consequential damages ; consti-
Consolidated company held to ac- tutional provision making rail-

quire title by adverse possession roads liable for. Previous char-
to right of way of one of origi- ter contract. Exemption from
nal companies.
Miner v. New

future general legislation.
York C. & H. R. R. Co. (N. Y.), Pennsylvania R. Co. v. Miller
212.

(U. S.), 154 n.
Consolidation Company whose Crossing of two roads. Measure

charter expired in fifty years of damages where condemning
was consolidated with another company fails to define in its
company which succeeded to its petition how it will cross, and
rights and franchises ; held that seeks to condemn general right
the right of way acquired did

to cross. National Docks & N.
not revert at end of charter pe- J. J. C. R. Co. v. State (N. J.),
riod. Miner v. New York C. &

87.
H. R. R. Co. (N. Y.), 212.

Double damages. Instruction
Depot ground; company con- given held not to authorize find.

demning land for, does not ing of damages twice for same
take a fee. Lyon v. McDonald thing. Louisville, St. L. & T.
(Tex.), 217.

R. Co. v. Barrett (Ky.), 169.
Duration of easement. Estate ac- Evidence. Admissibility on ques-

quired in lands appropriated not tion of damages. See Evidence,
limited to term of fifty years

infra.
which is the charter period.

Excessive. Arbitrary reduction
Miner v. New York C. & H. R. of verdict by trial court. Judg-
R. Co. (N. Y.), 212.

ment reversed. Parsons & P..
Easement. Defendant held to R. Co. w. Montgomery (Kan.),

have acquired such an easement 156 n.
as act of congress authorized.

Condemnation of right of
Payne v. Kansas & A. V. R. way for telegraph company.
Co. (C. C.), 228.

Award not disturbed as exces-
Owner of fee having adjacent lot sive. Postal Tel. C. Co. v. Ala-

has no right to passage over bama & V. R. Co. (Miss.), 156 n.
railroad grounds, except at pub-

Court will not disturb ver-
lic crossing. Lyon . McDon- dict where it is uninfluenced by
ald (Tex.), 217.

passion or prejudice. Louisville
Right of railroad company to per-

& N. R. Co. v. Ingram (Ky.),
mit third party to use premises, 156 11; Battrell v. Ohio River R.
224 n.

Co. (W. Va.), 156 n.
Damages.

Supreme Court will only set
Additional use by construction aside award where it is clear

of bridge, held to create addi. that it is against the evidence.
tional servitude, which demands Fort St. U. D. Co. 7. Jones
additional pay.
Pavne v. Kan-

(Mich.), 157 n.
sas & A. V. R. Co. (C. C.), 228.

Verdict based on lowest esti-
Amount of $400 awarded for ap-

mate of witnesses not set aside.
propriation of in acres, wood Nebraska & C. R. Co. v. Scott
destroyed, and fencing required. (Neb.) I57 n.
Street v. New Orleans, Ft. J. &

Verdict for greater amount
G. I. R. Co. (La), I56 n.

than value of whole land with
Benefits ; owner's damages can- improvements set aside. Louis-
not be diminished by deduction ville & N. R. Co. v. Asher (Ky.),
Interstate C. R. Co. v.

156 n.
Simpson (Kan.), 155 n.

Verdict larger than some es-
In Colorado it is error to timates and smaller than others,
withdraw from the jury evi- not disturbed as excessive.

of.

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