-

Use of the Land, and Capacity for other Uses, 217.-Damages to the

Company for Highway and Railroad Crossings, 218.- A Proper Con-

struction to be assumed in the Assessment, 218. - Damages by Agree-

ment, 218. Improvements while Proceedings are pending, or during an

Illegal Possession, 219. - Interest, 220.- Privileges and Reservation to

the Land-owner, when to be deducted, 220.- Deduction of Benefits,

221. The Deduction limited to Peculiar Benefits, 222. — The Deduc-

tion limited to the Particular Tract which is in part taken, 224. — Evi-

dence. Sales of other Similar Land, 224. Offers and Admissions,

225.- Opinions as to Value, 225. — Opinions as to the Amount of Dam-

age, 227.- Opinions on Various Matters affecting the Damages, 228.—

Grounds for Opinions, 229.- Proof of Mode of Construction, 229.-

Damages recoverable for an Unlawful Entry. -Injuries of a Permanent

Nature, 229

142-231

CHAPTER VIII.

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RAILROADS UPON HIGHWAYS.

Changes of Use, when a New Taking, 233. - A Railroad in a Highway not nec-

essarily a Different Use, 234. A Railroad in a Highway held in Several

States to be a Different and Additional Use, 235. - Deprivation of the

Land-owner's Access to and Use of the Highway or Street is a taking of

his Property, 241. Measure of Damages for Injuries to Land-owners

caused by the Use of the Highway for a Railroad, 242. — Obstruction of

Highways lawful only when, and to the Extent authorized by Statute, 242.

-Liability for Nuisances on the Highway, 243. — Mode of Crossing, 244.

- Diversion of Highways, 244. Duty to restore the Highway to its

Original Condition, 245. - Legislative Power over Highways, 246.- Lim-

itations of Power of Municipal Corporations over Highways, 246. —

Underground and Elevated Railroads, 248. — Liability of the Company to

Travellers on the Highway for Defective Crossings or laying of Tracks,

248. Liability of the City or Town for Injuries to Travellers on the

Highway, caused by Defective Construction of Railroads upon or across

the Highway, 249. Liability of the Company to indemnify the City or

Town, 249. - Bridges over Highways, 250.- Remedies for Unlawful Use

of the Highway, 250. Street Railway Companies. Respective Rights of

the Company and of the Public in the Use of the Street, 252 .

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232-253

CHAPTER IX.

THE LOCATION.

Choice of Location, 254. — Power of Choice, when exhausted. Change of Lo-

cation, 254. Expiration of Power, 255. - Identity of the Property taken.

Certainty in the Description of the Location, 256.- Conflicting Grants.

Priority of Location, 257.- Construction of Statutes granting a Location,

258.- Meaning of Various Terms used in defining Routes and Termini,

258.- Burden of Proof on the Company in justifying its Acts as being

within the Location, 259. — Purposes for which the Location may be used,

259. Title to Location as affected by Non-user, Mis-user, and Adverse

Use, 260. Title to Location, how questioned, 261. — Illegal Location con-

firmed, 261. Bill in Equity to reform a Defective Location, 261.- Tres-

passers upon a Location liable to an Action at Common Law, 261. . . 254-261

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-

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CHAPTER X.

LIABILITY FOR TORTS IN GENERAL.

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--

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-

Injuries to Real Estate, 262.—Statute Remedies exclusive, 262. — Consequen-

tial Injuries not actionable, 263. — Injuries caused by the Lawful Use of the

Location not actionable, 264. - The Company's Right to its Location Sub-

ject to Public Exigencies, 264. — Grants and Licenses, 265. — Injuries from

the Choice of or Changes in the Location, 265. — Actions for Trespasses

and Abuse of Powers, 266. — Penal Actions, 267. — Liable to Indictment.

Nuisances. Breach of Duty, 267.- Acts authorized by Law not Subject

to Indictment, 268. — Equitable Remedies against Nuisances, 269. — Action

for a Nuisance, 270.- Continuance of the Nuisance. Notice, 270. — Lapse

of Time affecting a Nuisance, 271. - Navigable Waters and Highways,

271. Right of Action in the Person who was the Owner at the Time of

the Injury, 271.- Reversioners. Parties in Possession, 272. - Proof of

Title, 272.- Form of Action, 272.- Damages to Real Estate. Permanent

Injuries, 272. — Duty of the Owner to endeavor to save his Property, 272.

- Actions for Various Torts, 273. — Injuries from Explosive Substances,

273.- Breach of Public Duty, 274.-Duty to Persons entering on its

Premises by Invitation or Inducement, 274. — Liability for Torts of Ser-

vants, 277.—What makes the Wrong-doer a Servant of the Company,

280. Liability of the Company for Injuries committed by Lessees and

others using its Track, and Liability of Lessees, 283.- Mortgagees and

Trustees, 285. Receivers, 285.- Liability incurred by Consolidation,

286. Liability for Contractors and their Servants, 286. The Company

liable when it authorizes or participates in the Contractor's Tortious Act,

288. Effect of Reservations in the Contract, 289.- Liability for the

Exercise by the Contractor of the Delegated Power of Eminent Domain,

290. Duties under Statutes not to be delegated, 290. - Nuisances created

by a Contractor, 291.- Form of Action against the Company for the

Torts of its Agents, 291. Evidence, Positive and Negative Testimony,

292. A Default at one Time or Place not proved by a default at another

Time or Place, 293. — Additional Precautions, 294. — Statements of the

Company's Servants, 294.- Photographs and Telegrams, 294. — Descrip-

tion of the Place of Injury. Previous Warning, 295. Drunkenness

when Proof of Negligence, 295. — General Character of a Servant, 295.

Opinions of Experts, 296. — Opinions of Physicians, 297. — Opinions as to

Amount of Damages, 297. — Life-tables, 297. Statements of the Injured

Person, 297. Examination of Plaintiff's Wound, 298. - Burden of Proof

of Defendant's Negligence, 298. - Burden of Proof of Plaintiff's Care, 298.

-Damages for Personal Injuries one Cause of Action, 300.- What is to

be included in the Damages, 301. — The Husband's Action for Injuries to

the Wife, 304. - Amount received on an Insurance Policy, 304. — Injury

increased by the Act of the Surgeon, 304. — Vindictive Damages, 305. —

Verdicts set aside for Excessive or Inadequate Damages, 307. — Damages

for Torts to Personal Property, 309

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-

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-

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-

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CHAPTER XI.

NEGLIGENCE.

Negligence defined, 310.- Liability for Negligence limited to the Natural and
Probable Consequences of the Wrongful Act, 310.- Relation of the Court
and Jury to the Question of Negligence, 311.- Negligence a Mixed Ques-

tion of Law and Fact, 312.

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-

The Jury to decide upon Conflicting Evi-

dence, 313. The Jury decide as to the Care or Negligence of each

Party under the Direction of the Court, 313. When the Court may

declare Certain Acts or Conduct to be Negligence, 314.- Setting aside

of Verdict, 321. — Instructions to be definite, pertinent, and consist-

ent, 322. Allegation of Negligence, 322. - Negligence of the Injured

Person. Contributory Negligence, 323.- Proximate and Remote Negli-

gence, 326. Conditions and Cause distinguished, 327. - Comparative

Negligence, 328. — The Plaintiff's taking of Risks not necessarily Negli-

gence, 328.-The Plaintiff's Conduct as affected by the Direction or Invi-

tation of the Company's Servants, 329. — Injuries to Wrong-doers, 330.—

Negligence of Children and Disabled Persons, 332. — Injuries to Children

from Dangerous Machinery, 336.- Special Obligations to Children, 337.

- Effect of Parents' Negligence, 338. Effect of Directions to Infants

and Youths, 338. — Negligence of the Child or of its Parents, a Question

for the Jury, 338.

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-

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. . 310-339

CHAPTER XII.

INJURIES TO TRAVELLERS ON THE HIGHWAYS.

Injuries where the Company and the Injured Person are each exercising a

Legal Right without any Relation between them arising from Contract,

340. — Mutual Obligations of the Company and the Traveller, 342. — Duty

of the Traveller to use his Senses in order to avoid Danger, 343. — Duty
of the Company, 346. Crossing in Front of Street Cars, 347.- Obstruc-
tion of the Traveller's View, 347.- Injuries by Noises made by the Com-
pany, and causing Horses to take Fright, 348.-Duty of the Company to
give Signals when not imposed by Statute, 349. Duty to give Signals,
when imposed by Statute, 350. — Duty to place Flagmen at Crossings, 352.
- Rate of Speed, 354. - Duty of Company to avail itself of well-tested

Improvements, 355. - Acts and Omissions of the Company which are

deemed Negligence, 356.- Injuries from Defective Crossings, 357 .. 340-357

-

-

CHAPTER XIII.

INJURIES TO SERVANTS.

General Doctrine of a Master's Non-liability to a Servant for the Acts of Fel-

low-servants, 358. - Rule applied to Minors, 360.-Common Service, 361.

- Equality of Grade not material, 366.- The Company's Negligence as

distinguished from a Servant's, 367.-The Plaintiff within the Rule only

when he was the Defendant's Servant at the Time of the Injury, 369. —

Negligence as to Machinery and Road, 370.-Duty as to New Inventions,

373. Negligence as to the Employment of Servants, 374. - Intemperate

and Negligent Servants, 375.- Adequate Force of Employees, 376.-

Various Duties of the Company, 376. - Negligence of the Injured Ser-

vant, 377. Detail of a Servant for a Dangerous Duty outside of his Em-

ployment, 378.- Negligence of a Fellow-servant combining with the Com-

pany's, 379. Knowledge of the Defects in Road and Machinery, and of

the Character of Fellow-servants, 379.- Burden of Proof, 382- Evidence,

383. Negligence a Question for the Jury, 384. - Pleading, 384. . . 358-384

CHAPTER XIV.

INJURIES RESULTING IN DEATH.

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-

No Right of Action where the Injury is instantly Fatal, 385. The Death of a

Human Being not a Cause of Action at Common Law, 385. - Statutes

providing a Remedy for Relatives in Case of Death, 386. - The Statutes

limited to Injuries within the State, 389. Construction of Statutes and

Election of Remedies, 390. -Averments in Pleading, 392. — Damages,

393. Damages for a Husband's and Father's Death, 397.- Damages for

a Mother's Death, 398. — Damages for a Child's Death, 398. — Damages

to Relatives not of the Immediate Family, 399. — Evidence, 399. — Time

when Right of Action vests. Statute of Limitations, 400 .

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385-400

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-

CHAPTER XV.

INJURIES TO CATTLE.

-

-

Rule at Common Law requiring the Owner of Cattle to keep them on his own

Land, 401. Not adopted in some States, 404. - Injuries to Cattle upon

the Highway, 405. — Rate of Speed. Stopping of Train where Cattle are

on the Track, 406. Signals, 408. - Duty to maintain Fences imposed by

Statute, 408.- Liability for Breach of the Statute Duty, 409. — The Stat-

ute Duty to fence not to be transferred, 411. — Liability of Parties operat-

ing the Road though not owning it, as Lessees and Mortgagees, 411. —

Liability under Statutes for Cattle wrongfully on the Adjoining Land,

412. Kind of Fence required by Statute, 416.- Cattle-guards. Private

Crossings, 417.- Liability as to Defects in Fences caused by Casualties or

Trespassers, 418. Gates and Bars, 419. - Places to remain unfenced.

Crossings of Public and Private Ways, 420.- Fences at Station Grounds,

421. Fences in Cities and Villages. Enclosed Lands, 421.- Fences at

Embankments, &c., 422. Liability for Injuries to Cattle coming on the

Track at Places where the Company is not required to maintain Fences,

422. Injury by Fright arising from Neglect to fence, 422. - The Owner's

Waiver of the Company's Duty to fence, 422.-Duty to fence assumed

by the Company, 424. — Agreements to maintain Fences when running

with the Land, 424.- Remedy for Breach of the Agreement. Damages,

425.- Plaintiff's Negligence, 425.- Negligence, a Question for the Jury,

427. Burden of Proof. Evidence, 428

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401-430

CHAPTER XVI.

INJURIES TO PROPERTY BY FIRE.

Liability at Common Law, 431. - Compensation for Land taken not to include

Injuries by Fire caused by Negligence, 432. — Duty as to Mechanical Con-

trivances. Spark Arresters, 433. Whether the Company is bound to

watch for Fires and assist in extinguishing them, 434. - Duty as to Com-

bustible Materials within the Location, 434. — The Land-owner's Duty as

to Combustible Materials on his Land, 434.- Plaintiff's Negligence, 435.

-The Land-owner's Exposure of his Property to Risks, 435. - Burden of

Proof as to Cause of Fire, 436. Burden of Proof as to Negligence, 437.

i

-

-

-Evidence of Negligence, 438. - Questions for the Jury, 440. Causa

Proxima, 441.-Liability without Negligence under Statutes, 444. — Dam-

ages, 446. Insurance as affecting the Right to the Damages, 446.—

Plaintiff's Title, 447.

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431-447

CHAPTER XVII.

LEGISLATIVE POWER OVER THE COMPANY.

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-

-

The Charter, a Contract within the Constitution of the United States, 448..

Assent of the Corporation-to Amendments, 449. — Form of the Grant or

Contract, 449. Effect of the Constitutional Provision, 450.- Obligation

and Remedy distinguished, 451.- Exclusive Rights not implied, 452. -

Express Grants of Exclusive Rights, 453. - · Construction of Exclusive

Grants, 455. — Reserved Power to amend and repeal the Charter, 456. —

Limitations of the Power, 459. - Corporations subject to Police Laws, 460.

-

Power to limit Rates and Charges of Transportation, 466.- State Leg-

islation as related to the Power of Congress to regulate Commerce, 468 448-471

CHAPTER XVIII.

-

TAXATION.

Property Subject to Taxation, 472.- Corporate Property and Interests, how

taxed, 474. - State Methods, 476. Exemptions from Taxation, 478.-

Construction of Statutes exempting from Taxation, 478. - Exemptions

implied or constructive, 479. - Local Assessments, 480.- Grant or Con-

tract of Exemption from Taxation, 480.— Surrender of Taxing Power not

presumed. Temporary Exemptions, 481. - Form of Grant or Contract,

482. Construction of Grants of Exemption from Taxation, 483. — Ex-

emptions limited to Property required for the Purposes of the Railroad,

484. Grant of Exemption from Taxation as affected by a Reserved

Power to amend, 485. — Transfer of the Exemption, 486. — Exemption of

the Instruments or Agencies of the United States, 487. - Remedies for

Illegal Assessments, 488

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472-490

CHAPTER XIX.

THE POWERS OF THE CORPORATION.

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----

Limited Powers of a Corporation, 491. - The Rule of Strict Construction of

Corporate Powers, how to be applied, 491.- Powers affecting the Public

Interests to be construed strictly, 493. - Power of Eminent Domain, 494. —

Power to construct Branches and Extensions, 495. - Powers within the

Location, 496.- Power as to Land limited generally to the Location, 496.

Power to alienate the Franchise and Railroad, 496. — Power to hold

Property and maintain a Railroad in a Foreign State, 497.- Power to

establish By-laws, 497. - Power to issue Shares of Stock, 498. - Power to

take Tolls, 498.-Power to discriminate in Charges for Transportation,

498. Power to make Contracts, 499.- Extent and Limit of the Power to

make Contracts, how determined, 500.- Power to sell or mortgage Property,

503.- Power to contract Debts, give Promissory Notes, and issue Bonds,

503.- Power to lend Surplus Funds, to compromise Disputes, 504. — Power

to guarantee the Bonds of other Corporations, 504.- Power of the Company

-