Railroads-(continued.) franchise is a mere easement, § 238. franchise cannot be sold without legislative author- franchise not subject to levy and sale, 238. Organization. organization, how effected, 239. when estopped for denying its corporate existence, charter obtained by bad faith, 239. Subscriptions to Stock. variation in route invalidates obligation of subscrib- change of name does not invalidate subscription, 240. when estopped from denying authority to take sub- lease of, does not release subscriber, 240. change in organization does not release subscriber, Legislative Control. change in charter subject to consent of stockholders, limits of rights conferred by charter, 241. legislature may impose new burdens not in the legislature cannot impair the franchise of, 241. charter to be liberally construed, 241. running through another state subject to laws of speed to be regulated by legislature, 241. required to fence track, 341. liable for stock killed from neglect to fence road, charges of fares and freights limited by legislature, Property Rights. rights as to property, 242. have the right to exclusive occupancy to land taken, 242. may exclude all concurrent occupancy by former track is private property, 242. public have no right to pass upon track except at Railroads-(continued.) company may maintain trespass against adjoining may exclude persons from its grounds when, 242. may pass upon highway in making up trains, 242. officer with warrant may forcibly open the depot, 242. title to road-bed subject to legislative control, 242. contracts by and with, 243. may make any contract not forbidden by charter, may take bond for payment of stock subscription, may take mortgage of real estate to secure subscrip- may issue bonds to carry out object of charter, 243. may contract to transfer persons beyond its own may assign its subscriptions, 243. promise to pay road a certain sum for particular contracts for stock in consideration for particular liable for services by oral request of officers, 243. contracts ultra vires, 243. when estopped from setting up defense that contract cannot hold lands not needed for its operation, 243. cannot pledge its funds without legislative author- Dissolution. how dissolved, 244. may abandon its charter, 244. repeal of charter by legislature, 244. Railroads (continued.) failure to file map and survey of road, § 244. sale of road does not dissolve company, 244. acquisition by grant or license, 246. land taken by verbal consent of owner, 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, relinquishment of right of way by owner, 246. remedy by landowner for breach of contract, 246. lands granted to Union Pacific Company, 246. all grants to, will be strictly construed, 246. occupancy of land by, does not establish dedication, knowledge and acquiescence by owner must be when land for depot cannot be acquired by dedica- fixtures placed on land without acquiring title, 246. necessity must exist for appropriation of land by, must show that it has complied with all conditions, statute authorizing the exercise of eminent domain land cannot be taken for additional uses, 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 Railroads-(continued.) may acquire springs near the road, § 247. cannot take land used for specific purposes by mu- rule in New York as to taking land, 247. legislative grant of land of United States, 247. courts to determine as to the necessity of taking Compensation. cannot appropriate the property of another road land taken without owner's consent, 248. subsequent purchaser of land taken without consent use of the street for, 248. owner of land bounded on a stream entitled to com- use of turnpike road for, 248. compensation for land of, taken by another com- prerequisite to proceedings to acquire title to lands, must compensate owner for use of land during pen- compensation, how estimated, 249. owner may recover on promise of railroad to pay proceedings to ascertain damages for land taken, location of road on highway, 249. what is to be considered in assessing damages, 249. title or interest acquired in lands, 250. trees on land taken become the property of the may use but cannot sell materials removed in grad- cannot dig ditches adjacent to land taken, 250. must not divert stream from its natural channel, 250 has exclusive possession of land taken, 250. cannot convert the land to a different purpose, 250. A V Railroads (continued.) Location. survey of route must be made, § 251. must define the quanity of land required, 251. cannot be indulged with another choice after final route can be changed only by legislative authority, 251. location cannot be changed after construction, 251. when notice and filing of map dispensed with, 251. power to extend the road within the city limits, 251. contract to locate depots at particular point, 251. articles of association are superior to a map, 251. Contracts for Construction. obligation to construct its road, 252. agreement not to build a portion of its line, void, 252. 252. remedy against, for disusing part of its road, 252. work on, to be done to the satisfaction of the com- measurement by company's engineer conclusive, stipulations in contracts, 252. failure of contractor to complete, 252. sub-contractor cannot recover of road for extra action against, for procuring charter, 252. will not be restrained from completing road for vio- Fences. fencing line of road, 253. at common law is not bound to fence its track, 253. liable for injury to passengers from neglect to fence, liable for cattle killed by negligence, 253. |