Massachusetts Reports, Volume 104H.O. Houghton and Company, 1872 - Law reports, digests, etc |
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Page 2
... authority of their charter , St. 1836 , c . 249 , and the general laws relating to railroads , and without the consent of the demandants , filed their location over and took a part of the tract , including the whole of both lots A and C ...
... authority of their charter , St. 1836 , c . 249 , and the general laws relating to railroads , and without the consent of the demandants , filed their location over and took a part of the tract , including the whole of both lots A and C ...
Page 8
... authority . Proceedings of that nature are applicable only to an attempt to exercise privileges without lawful authority ; and the exclusion thereby obtained extends only to such unlawfully assumed franchise . A public franchise can be ...
... authority . Proceedings of that nature are applicable only to an attempt to exercise privileges without lawful authority ; and the exclusion thereby obtained extends only to such unlawfully assumed franchise . A public franchise can be ...
Page 9
... authority of the party having the ease- ment . Per Sedgwick , J. , in Commonwealth v . Peters , 2 Mass . 125. Perley v . Chandler , 6 Mass . 454. Robbins v . Borman , 1 Pick . 122. Hancock v . Wentworth , 5 Met . 446 . Proprietors of ...
... authority of the party having the ease- ment . Per Sedgwick , J. , in Commonwealth v . Peters , 2 Mass . 125. Perley v . Chandler , 6 Mass . 454. Robbins v . Borman , 1 Pick . 122. Hancock v . Wentworth , 5 Met . 446 . Proprietors of ...
Page 10
... authority under which it held the occupation . This would in effect be equivalent to a plea of special nontenure or special disclaimer . Such a plea , if according to the truth of the case , would be a complete defence to the action ...
... authority under which it held the occupation . This would in effect be equivalent to a plea of special nontenure or special disclaimer . Such a plea , if according to the truth of the case , would be a complete defence to the action ...
Page 11
... authority . For such uses the owner may have his redress by any appropriate action . A turnpike corporation may remove the earth , within the limits of its road , for the purposes of construction or repair , and may erect permanent ...
... authority . For such uses the owner may have his redress by any appropriate action . A turnpike corporation may remove the earth , within the limits of its road , for the purposes of construction or repair , and may erect permanent ...
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Common terms and phrases
action aforesaid agent agreed agreement Aldermen of Boston Allen amount Apia appear assessment attorney authority benefit bill bill of lading building charged claim commissioners common carriers common law Commonwealth Company contract costs count Cush damages David Knowles debts deed defendant's defendants delivered discharge Dresel entitled evidence executors exemption expense facts fendants filed Fitchburg Railroad freight Gray Harvard College held injury Insurance judge judgment jury land liable libellee loss Lowell Railroad Mass ment mortgage naphtha Nashua negligence notice Oakman officer owner paid party payment Pease person petitioners plaintiff premises purchase purpose question Railroad Corporation received recover refused repairs replevin rule ship squatters statute street suit superior court taxes tenant testator testified thereof tiff tion Tompkins and Thayer tort town trial trustee Tudor Ice Company usury verdict witness Worcester writ York Central Railroad
Popular passages
Page 611 - ... a power reserved to the legislature to alter, amend or repeal a charter authorizes it to make any alteration or amendment of a charter granted subject to it, which will not defeat or substantially impair the object of the grant, or any rights vested under it, and which the legislature may deem necessary to secure either that object or any public right.
Page 135 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Page 248 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts, which shall not have been created in consequence of a defalcation as a public officer; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...
Page 359 - Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Page 475 - Fellows, and for all accommodations of buildings, and all other necessary provisions, that may conduce to the education of the English and Indian youth of this country, in knowledge and godliness.
Page 450 - It prohibits the States from passing any law impairing the obligation of contracts; it does not enjoin them to enforce contracts.
Page 249 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 62 - State, by their engines, tenders, or cars^ such corporation, assignees, trustees, servants, cr agents, shall be liable to a fine of not less than five dollars, nor more than twenty dollars, for each offence.
Page 96 - Such powers are generally regarded as discretionary, because in their nature they are legislative ; and although it is the duty of such corporations to carry out the powers so granted and make them beneficial, still it has never been held that an action on the case would lie...
Page 292 - It is the possession of the legal estate, or a right in the subject over which the power is to be exercised, that makes the interest in question...