The American and English Railroad Cases (Volume 37); A Collection of All Cases in the Courts of Last Resort in America and England [1879?-1895]. (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889. Excerpt: ... Our conclusions necessarily lead to a reversal, irrespective of the question of the right of one railroad company to acquire part of the right of way of an existing corporation. Judgment reversed. Mitchell, J., did not participate in the decision of this case. Eminent Domain--Delegation of Power--Effort to Agree.--See 6 Am. & Eng Encyc. of L. 610. Town Of Westbrook v. New York, New Haven And Hartford R. Co. Connecticut Supreme Court of Errors, January 19, ISS'J.) Crossing--Alteration--Petition--Authority.--Under the provision of the Connecticut statute that " the directors of anv railroad company whose road crosses or is crossed bv a highway, mav bring their petition in writing to the railroad commissioners," praying for the alteration of such highway, the directors do not act as the agents of the law, and a petition for a change of a crossing is sufficiently authorized, if authorized by the directors when convened for any purpose, whether with or without special notice, and whether in the State or out of it; and even if unauthorized, the failure of a corporation within a reasonable time after obtaining knowledge of its presentment to object, will amount to a ratification and be sufficient evidence of authority. Same--Sufficiency of Allegation.--An allegation in a petition that a railroad company "by its directors brought its petition" asking for a change of the crossing of certain highways, is a sufficient allegation that the directors were duly authorized, and that the proceedings were in due form. Same--Plea in Abatement.--An objection to a petition for the alteration of a grade crossing, that the application was not authorized by the board of directors, and was not in due form, is in the nature of a plea in abatement, which should be presented at the ...