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" ... to its former state, or to such state as not to unnecessarily impair its usefulness... "
The South Western Reporter - Page 65
1903
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The Northeastern Reporter, Volume 58

Law reports, digests, etc - 1901 - 1134 pages
...The defendant rested under the public duty, as provided by the railroad law (section 11), to restore the highway "to its former state, or to such state as not to have unnecessarily Impaired its usefulness." In this proceeding the defendant is charged to be in violation...
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The New York Supplement, Volume 21

Law reports, digests, etc - 1893 - 1278 pages
...to intersect and cross highways, and, as a condition of such privilege, a duty is imposed to restore the highway to its former state, or to such state as not necessarily to have impaired its usefulness. Laws 1850, c. 140, § 28, suhd. 5. That statute legalized...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1897 - 840 pages
...the stream, water course, street, highway, plank road, turnpike or canal thus intersected or touched to its former state, or to such state as not to unnecessarily impair its usefulness, and shall keep such crossing in repair." "Art. 4438. Nothing in this chapter shall be so construed...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 164

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1901 - 718 pages
...or upon any highway which the route thereof shall intersect or touch. " They are required to restore the highway to its former state, or to such state as not unnecessarily to have impaired its usefulness (Laws of 1850, chap. 140, p. 22, § 24). " It is manifest...
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The Texas Civil Appeals Reports: Cases Argued and Determined in ..., Volume 29

Texas. Court of Civil Appeals - Law reports, digests, etc - 1903 - 738 pages
...said railway shall intersect or touch, "but it shall restore the street thus intersected or touched to its former state, or to such state as not to unnecessarily impair its usefulness and shall keep such crossing in repair." Sayles' Civ. Stats., arts. 4426, 4438. In compromise and settlement...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 81

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1903 - 782 pages
...made an order requiring the railroad company, in the language of the statute, forthwith to restore the highway "to its former state, or to such state as not to have unnecessarily impaired its usefulness." Upon an appeal by the town from so much of the order as...
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Highway Manual of the State of New York: A Complete Compilation of All the ...

Charles Henry Betts - Highway law - 1904 - 526 pages
...corporation which for the purposes of its railroad injures or interferes with a highway must restore such highway to its former state, or to such state as not to unneeessarily impair its usefulness. Railload Law, § 11, post. The provisions of such section of the...
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State and Territorial General Statutes Relating to the Use of Streets and ...

Electric light plants - 1905 - 280 pages
...stream, water course, street, highway, plank road, turnpike or railroad thus intersected or touched to its former state or to such state as not to unnecessarily impair its usefulness and keep such crossing in repair, Provided that in no case shall any company construct its way without...
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Annual Report, Volume 1

New York (State). Board of Railroad Commissioners - Railroads - 1905 - 1536 pages
...Supreme Court of the district m which the highway was situated. But the company was required to restore the highway " to Its former state or to such state as not to have unnecessarily impaired Its usefulness." (Railroad Law, sec. 4, subdiv. 4, and sec. 11.) The Grade...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volume 128

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - Courts - 1907 - 722 pages
...count was based upon the statute requiring railroad companies, on crossing public highways, to restore the highway to its former state, or to such state as not to unnecessarily impair its usefulness, and charges that by reason of appellant's failure to comply with the statute appellee was injured....
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