American Railroad Law Classic Reprint PDF Download

Excerpt from The American and English Railroad Cases, Vol. 1: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England Such, I think, has been the uniform construction given to this clause by both the legislative and °udicial departments of the gov ernment. I think it will be ve ificult to find a single instance, before the present, where the egislature, since the adoption of the present constitution, have granted to a private corporation the power to exercise the right of eminent domain, exce t on condition that payment or tender of compensation shoul pre cede appropriation, if the erson entitled to it was known and of full capacity, and his tit e was free and unquestioned. There may be such instances; but if they exist, it is certain the power thus granted has never been exercised in defiance of the will of the land-owner. Under charters containing the condition above mentioned, the courts of this state have repeatedly held that the corporation acquired no right to appropriate the lands until com gensation was first made, either by payment or tender. Starr v. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.