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" ... does not prima facie give any power to lay out the road over land already devoted to and within the recorded location of another railroad. It is not to be presumed that the legislature intended to allow land thus devoted to one public use to be subjected... "
Annual Report of the Railroad Commissioners of the State of Maine - Halaman 138
oleh Maine. Board of Railroad Commissioners - 1901
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The American Reports: Containing All Decisions of General ..., Volume 40

Isaac Grant Thompson - 1882 - 912 halaman
...railroad between certain points, without describing its course and direction, * * * does not, prima facie, give any power to lay out the road over land...given in express words or by necessary implication. Citing Springfield v. Connecticut River Railroad, 4 Cush. 72. " A general authority to lay out a railroad...
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A Treatise on the Law of Railroads, Volume 1

Horace Gay Wood - 1885 - 758 halaman
...plaintiff' in error that the evidence shows that more land was included in the upjier laws, does not prima facie give any power to lay out the road over land...not to be presumed that the legislature intended to parcel of land sought to be condemned allow land thus devoted to one public use than was necessary...
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Atlantic Reporter, Volume 47

1901 - 1166 halaman
...direction, but leaving that to be determined and established by the corporation, does not prima fncle give any power to lay out the road over land already devoted to, and within the recorded limits of, another railroad. The court said that it Is not to be presumed that the legislature Intended...
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The American and English Railroad Cases: A Collection of All ..., Volume 28

1887 - 764 halaman
...recorded location of the Stockbridge & Pittsfleld R. Co. which endanger the safety of that road. ... It is not to be presumed that the legislature intended...devoted to one public use to be subjected to another. . . . And it does not appear that there was any physical necessity that the defendant's location should...
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The American and English Railroad Cases: A Collection of All Cases ...

1896 - 772 halaman
...that to be determined by the corporation as provided by the general laws, does not prima facie confer power to lay out The road over land already devoted...within the recorded location of another railroad. Housatonic R. Co. v. Lee & HR Co., n8 Mass. 391. The right of one corporation to take away the franchise...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 75

Virginia. Supreme Court of Appeals - 1900 - 1106 halaman
...railroad between certain points, without describing its course and direction, * * * does not, prima facie, give any power to lay out the road over land...given in express words or by necessary implication (citing Springfield v. Connecticut River Railroad, 4 Cush. 72) . "A general authority to lay out a...
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The Exercise of the Power of Eminent Domain by Public Corporations ...

Sophie Bishop Kent - 1908 - 116 halaman
...between certain points without describing its course and direction, did not give power to lay out its road over land already devoted to and within the recorded location of another railroad. Imlay vs. Union Branch R. Co. held that land taken for a highwaj Karveyvs. Thomas, 10 Watts, 63. Leeds...
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Atlantic Reporter, Volume 47

1901 - 1414 halaman
...and direction, but leaving that to be determined and established by the corporation, does not prima facie give any power to lay out the road over land already devoted to, and within the recorded limits of, another railroad. The court said that it Is not to be presumed that the legislature intended...
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Kansas Reports, Volume 67

Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1904 - 994 halaman
...to be determined and established by the corporation, as provided by the general laws, does not prima facie give any power to lay out the road over land...necessary implication. And such implication can only Railway Co. v. Railway Co. be found in the language of the act, or from the application of the act...
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