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Railroads-(continued.)

franchise is a mere easement, § 238.

franchise cannot be sold without legislative author-
ity, 238.

franchise not subject to levy and sale, 238.
duration of franchise, 238.

Organization.

organization, how effected, 239.

when estopped for denying its corporate existence,
239.

charter obtained by bad faith, 239.

Subscriptions to Stock.

variation in route invalidates obligation of subscrib-
er, 240.

change of name does not invalidate subscription, 240.
subscription not invalidated if road engages in
other business, 240.

when estopped from denying authority to take sub-
scription, 240.

lease of, does not release subscriber, 240.

change in organization does not release subscriber,
240.

Legislative Control.

change in charter subject to consent of stockholders,
241.

limits of rights conferred by charter, 241.

legislature may impose new burdens not in the
charter, 241.

legislature cannot impair the franchise of, 241.
charter granted by two states, 241.

charter to be liberally construed, 241.

running through another state subject to laws of
that state, 241.

speed to be regulated by legislature, 241.

required to fence track, 341.

liable for stock killed from neglect to fence road,
241.

charges of fares and freights limited by legislature,
241.

Property Rights.

rights as to property, 242.

have the right to exclusive occupancy to land taken,

242.

may exclude all concurrent occupancy by former
owners, 242.

track is private property, 242.

public have no right to pass upon track except at
crossings, 242.

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Railroads-(continued.)

company may maintain trespass against adjoining
landowner when, § 242.

may exclude persons from its grounds when, 242.
may cut trees on lands taken for its road, 242.
cannot occupy land not necessary for its use, 242.
may erect buildings for its use, 242

may pass upon highway in making up trains, 242.
when it runs through a farm the owner may cross
without being a trespasser, 242.

officer with warrant may forcibly open the depot,

242.

title to road-bed subject to legislative control, 242.
Contracts.

contracts by and with, 243.

may make any contract not forbidden by charter,
243.

may take bond for payment of stock subscription,
243.

may take mortgage of real estate to secure subscrip-
tions, 243.

may issue bonds to carry out object of charter, 243.
may take promissory note in course of business, 243.
may loan its surplus funds, 243.

may contract to transfer persons beyond its own
line, 243.

may assign its subscriptions, 243.

promise to pay road a certain sum for particular
location, 243.

contracts for stock in consideration for particular
location binding, 243.

liable for services by oral request of officers, 243.
when bound by contracts by agents, 243.

contracts ultra vires, 243.

when estopped from setting up defense that contract
was ultra rires, 243.

cannot hold lands not needed for its operation, 243.
cannot pay interest on stock before completion, 243.
cannot transfer franchise to an individual, 243.
transfer of franchise by horse-railroad, ultra vires,
243.

cannot pledge its funds without legislative author-
ity, 243.

Dissolution.

how dissolved, 244.

may abandon its charter, 244.

repeal of charter by legislature, 244.
forfeiture of charter, 244.

Railroads (continued.)

failure to file map and survey of road, § 244.
not dissolved by lease of charter, 244.

sale of road does not dissolve company, 244.
consolidation of two companies, 244.
Acquisition of Lands.

acquisition by grant or license, 246.

land taken by verbal consent of owner, 246.
rails, etc., are trade fixtures, 246.

contract to convey land, 246.

presumption as to land deeded to, 246.

may compel the specific performance of contract,

246.

delay in completion of road, 246.

when not in possession of fund to complete purchase,
246.

relinquishment of right of way by owner, 246.

remedy by landowner for breach of contract, 246.
land granted to state by Congress for railroad pur-
poses, 246.

lands granted to Union Pacific Company, 246.

all grants to, will be strictly construed, 246.

occupancy of land by, does not establish dedication,
246.

knowledge and acquiescence by owner must be
shown, 246.

when land for depot cannot be acquired by dedica-
tion, 246.

fixtures placed on land without acquiring title, 246.
landowner entitled to increased value of land, 246.
eminent domain, 247.

necessity must exist for appropriation of land by,
247.

must show that it has complied with all conditions,
247.

statute authorizing the exercise of eminent domain
strictly construed, 247.

land cannot be taken for additional uses, 247.
cannot take land for temporary use, 247.

acquisition of land for speculation not authorized,

247.

cannot take land for erection of dwellings, 247.

may take laud for repair-shops, etc., 247.

land for increased business, 247.

may cross a public highway, 247.

may divert stream of water, when, 247.

may proceed against owner of stratum of coal for
right of way, 247.

Railroads-(continued.)

may acquire springs near the road, § 247.

cannot take land used for specific purposes by mu-
nicipality, 247.

rule in New York as to taking land, 247.
cannot take land for gravel, 247.

legislative grant of land of United States, 247.
dwelling-house not exempt from right of eminent
domain, 247.

courts to determine as to the necessity of taking
land, 247.

Compensation.

cannot appropriate the property of another road
without compensation, 248.

land taken without owner's consent, 248.

subsequent purchaser of land taken without consent
cannot recover, 248.

use of the street for, 248.

owner of land bounded on a stream entitled to com-
pensation, 248.

use of turnpike road for, 248.

compensation for land of, taken by another com-
pany, 248.

prerequisite to proceedings to acquire title to lands,
248.

must compensate owner for use of land during pen-
dency of proceedings, 248.

compensation, how estimated, 249.

owner may recover on promise of railroad to pay
damages, 249.

proceedings to ascertain damages for land taken,
249.

location of road on highway, 249.

what is to be considered in assessing damages, 249.
Title in Lands.

title or interest acquired in lands, 250.

trees on land taken become the property of the
road, 250.

may use but cannot sell materials removed in grad-
ing, 250.

cannot dig ditches adjacent to land taken, 250.

must not divert stream from its natural channel, 250
minerals below the surface belong to landowner, 250.
soil cannot be removed by one whose land has beer
taken by, 250.

has exclusive possession of land taken, 250.

cannot convert the land to a different purpose, 250.
land taken by the state for, 250.

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V

Railroads (continued.)

Location.

survey of route must be made, § 251.

must define the quanity of land required, 251.
experimental surveys may be made, 251.

cannot be indulged with another choice after final
location, 251.

route can be changed only by legislative authority,

251.

location cannot be changed after construction, 251.
discretion as to termini of road, 251.

when notice and filing of map dispensed with, 251.
location of road in a city, 251.

power to extend the road within the city limits, 251.
power to change the location, 251.

contract to locate depots at particular point, 251.
completion of location how effected, 251.

articles of association are superior to a map, 251.
burden of proof in action for trespass, 251.
proof of location, 251.

Contracts for Construction.

obligation to construct its road, 252.

agreement not to build a portion of its line, void, 252.
may be restrained from wasting its means when,

252.

remedy against, for disusing part of its road, 252.
compliance with construction contracts may be in-
sisted on, 252.

work on, to be done to the satisfaction of the com-
pany, 252.

measurement by company's engineer conclusive,
252.

stipulations in contracts, 252.

failure of contractor to complete, 252.

sub-contractor cannot recover of road for extra
work, 252.

action against, for procuring charter, 252.

will not be restrained from completing road for vio-
lating contract, 252.

Fences.

fencing line of road, 253.

at common law is not bound to fence its track, 253.
not liable for neglect to make cattle-guards, 253.
bound to use reasonable care to keep cattle off the
track, 253.

liable for injury to passengers from neglect to fence,

liable for cattle killed by negligence, 253.

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