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expulsion of passenger. What
overthrown where there is di- and what set aside, 643 n.
$50 held excessive, for fail.
$750 for expulsion of passen-
way over, from members of Ř. & B. Co. v. Eskew (Ga.), 636.
$5,246 not excessive for per-
- $6,050 for severe personal
in public highway. Agreement lor v. Missouri P. R. Co. (Mo.),
$10,000 verdict not disturbed,
senger from moving train, on a
Pac. R. Co. (C. C.), 622 n.
for expulsion of passenger.
force, insult, or malice is
for injury to
fined to cases where there is en-
for injuries to passengers,
caused by use of rotten ties and
old rails. Alabama G. S. R.
for injuries to passenger,
for injuries to passenger not,
recoverable, where defendant's
know that track was so defect.
Property subject to condemnation. Richmond & D. R. Co. v. Vance
for wrongful expulsion of
passenger, may be given when
allowed railroad which had con. Louisville, N. A. & C. R. Co. v.
EMINENT DOMAIN. See ADVERSE
Possession; EJECTMENT; LOCA-
Right compensation, See
STREETS AND HIGHWAYS.
conferring power of eminent
ity to condemn land already
(C. C.), 228.
panies promoted partially as
private enterprises, 68 n.
livery of, for record held not a
Co. (W. V'a.), 27.
authorized to condemn
Wounded feelings; compensation
for, should be adjusted for all
& B. Co. v. Eskew (Ga.), 636.
plaintiff's physician to call in
Loss of earnings; considera-
R. Co. (Ms.), 450.
Contributory negligence. In ac-
tion for death where contribu.
G. R. Co. (Kan.), 557.
railroad train. Statutory pen.
Co. (Mo.), 489.
Contract of corporations with di.
rectors. See LEASE.
Authority to condemn lands. See
EMINENT DOMAIN, Exercise of
abutting lot owners to compen-
sation. See STREET RAILWAYS.
Action may be maintained against
railroad to recover roadbed
V. Adams (Fla.), 206.
of title. Defective condemna.
Mobile & G. R. Co. (Ala.), 211 n.
panies, 211 n.
Authority to exercise right
exercised only when expressly
Co. (C. C.), 228.
directed by city council ; pow.
tion of land for purpose of ob-
Co. v. Kneale (Wis.), 70 n.
requisite to right to condemn.
See Procedure, post.
condemn land is, and and it is
Wallacev. New for single manner designated.
National Docks & N. J. J. C. R.
domain does not exhaust Crossing of two roads. Railroad
company inay condemn right to
lands of another. Na.
carrying freight to and from Co. v. State (N. J.), 87.
Railroad crossed must yield to
Co. v. State (N. J.), 87.
What is acquired in condemn-
ing crossing. Place of crossing
railroad company held entitled companies. National Docks &
When legality of plan and
power to condemn lands under viewed by supreme court on
act held sufficient to warrant for corporate purposes may be
Fort St. U. D. condemnation or by purchase.
Cincinnati, S. & C. R. Co. v.
Limits of deviation. English Lands under navigable waters
may be condemned.
be condemned must be within
demnation for railroad purposes. definite ascertainment. Na-
Co. v. State (V. J.), 87.
nation by one railroad of cross- not exempt from condemnation
under the right of eminent do.
for a street land used for a rail-
occurs between two will be enjoined. Seymour v.
may take land of railroad
company not needed or used
W. & R. Co. v. Cave (Tex. ),
power of eminent domain can- Limitation. Action to have dam.
within statute of limitations,
railroad company to condemn Co. (N. Car.), 161.
dence & W. R. Co. (R. I.), 97 ». compensation. Payne v. Kan-
lengthwise for highway, 39 n. Purchaser of land; right of, to
condemn property of railroad occupation by a railroad but be-
(Tex.), 168 n.
" Secure.” Word in constitution
right of way through public reasonably sure that property
sas & A. V. R. Co. (C. C.), 228. Security for compensation. What
paid for. Payne v. Kansas & Security. Statute providing that
landowner mighi require com-
compensation for. men of town held sufficient.
ham W. Co. (Mass.), 115 ».
mean such sureties as are rea-
tle N. R. Co. (Pa.), II.
has been approved and filed, Additional servitude ; use beyond
the purpose of first condemna-
Bridge. Use of lands condemned
landowner does not have, for approaches, is not authorized
by first condemnation. If ad.
must be condemned again.
Payne 0. Kansas & A. V. R.
Company permitting third party
dence as to benefits. Colorado
Cent. R. Co. v. Humphreys
Consequential damages ; consti-
quire title by adverse possession roads liable for. Previous char-
future general legislation.
(U. S.), 154 n.
charter expired in fifty years of damages where condemning
to cross. National Docks & N.
Double damages. Instruction
demning land for, does not ing of damages twice for same
R. Co. v. Barrett (Ky.), 169.
quired in lands appropriated not tion of damages. See Evidence,
Excessive. Arbitrary reduction
ment reversed. Parsons & P..
have acquired such an easement 156 n.
Condemnation of right of
Award not disturbed as exces-
has no right to passage over bama & V. R. Co. (Miss.), 156 n.
Court will not disturb ver-
passion or prejudice. Louisville
& N. R. Co. v. Ingram (Ky.),
Co. (W. Va.), 156 n.
Supreme Court will only set
of bridge, held to create addi. that it is against the evidence.
(Mich.), 157 n.
Verdict based on lowest esti-
mate of witnesses not set aside.
Verdict for greater amount
than value of whole land with
Verdict larger than some es-