Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Band 10

Cover
William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1915
 

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Inhalt

Requirements of Federal Constitution 26 Differing Local Conditions
28
Public Use as Legislative or Judicial Question 28 Number Enjoying Benefit 29 Uses Partly Private
29
Character of Party Taking
30
Public Buildings
31
Public Health and Safety
32
Public Parks and Civic Adornment
33
Service to the Public
38
Public Highways
39
Private Roads
40
Excess Takings
41
Steam Railroads
42
Uses Incidental to Railroads
44
Spur Tracks
46
Navigation Watercourses Landings and Ferries
47
Public Water Supply
48
Artificial Light
49
Creation and Distribution of Power
50
Miscellaneous Public Service
52
Assistance of Private Enterprise
53
Mills Public and Private
54
Mines and Mining
55
Lumbering and Log Driving 50 Drainage of Swamp Lands
57
Private Drainage Acts
58
Irrigation
59
Clearing Doubtful TitleLand Registration
60
What Constitutes a Taking of Property 54 Scope of Restriction 55 Taking under Police Power
61
Cutting off Access Discontinuance of Streets and Parks
63
Seizure and Destruction of Property Generally
64
Taking under Power of Taxation
65
Taking by Eminent Domain Defined
66
Decreasing Importance of Controversy over Meaning of Taken
67
Entry and Occupation without Formal Condemnation
68
Riparian Rights as Property
69
Covering Land with Water or Earth
70
Impairment of Enjoyment Smoke Odors Noise and Vibration
71
Public Right of Navigation
72
Right of Access to Water Channel
73
Diversion of Water Doctrine of Prior Appropriation
74
Pollution
75
Wharves Fillings and Dams
76
Riparian Rights of Public
77
In General Limitation of Taking to Easement
78
Additional Servitude Defined
79
Easement of Public Highway
80
Owners Right Subordinate to Public Easement
81
Urban and Rural Servitudes
82
Origin of Abutters Easements
83
Extent of Abutters Easements
84
Change of Grade
85
Lateral Support Slope of Land Surface Water
86
Reservation for Special Forms of Travel Viaducts
87
Steam Railroads as Additional Servitudes
88
Railroads when Fee Is in Public
89
Railroads in Streets Particular Rulings
90
Elevated Railways
91
Subways 93 Street Railways 94 Street Railways Interfering with Access
94
Interurban and Freight Railways
95
Telegraph and Telephone Lines
96
In General
109
Certainty of Payment
110
Particular Rulings in Telegraph and Telephone Cases
111
Sewers Water Pipes and Gas Pipes
112
Electric Light Lines
113
Buildings and Other Structures
114
Measure of Damages for Improper Street Uses
115
Elements of Damage for Improper Street Uses
116
Railroad Limited to Easement Right
117
Extent of Railroad Easement
118
Wires and Pipes on Railroad Location 106 Minerals Gravel Trees and Buildings on Railroad Location
119
Valuation of Plant of Public Service Corporation
128
Public Service CorporationTaking of Land and Regulation
129
Opening Street Across Railroad
130
Cost of Constructing Crossings
131
Laying Out Railroad Across Another Public Work
132
Increased or Modified Use of E isting Crossings
133
Telegraph Line Along Railroad Location
134
Damage to Owners Remaining Land
135
Particular Elements of Damage
136
Danger to Life and Property
137
Damage to Other Lands of Same Owner
138
Setoff of Benefits
139
General and Special Benefits Distinguished
140
Setoff from Value of Land Taken
141
Benefits as Payment in Money
142
Setoff against Damages to Remaining Land
143
Interest
144
History of Right to Compensation for Direct and Consequential Damage
145
Definition of Damage
146
Physical Injury to LandRiparian Rights
147
Proximity to Unpleasant Public
148
Proximity to Railroad Location
149
Change of Grade of Public
150
Original Establishment of Grade
151
Measure of Damages for Change of Grade
152
Street Railways
153
Steam Railroads in Public Streets
154
Obstruction or Vacation of Public Streets and Grounds
155
What Property Is Subject to Eminent Domain
157
Necessity for Taking Ordinarily Not Judicial Question
158
Necessity as Reviewable by Court
159
Constitutional Right of Owner to Notice of Taking
160
Right to Trial by Jury
161
What Constitutes Trial by Jury
162
163 Mode of Trial When Jury Is Dispensed with
163
Effect of Change in Remedy on Rights of Parties
164
Legislative Control
165
Setoff of Benefits
175
Costs
189
Authority to Exercise Eminent Domain 167 To Whom Authority May Be Granted
195
Strict Construction of Authority
196
Taking of Land Already in Public
198
What Use Protects from Subsequent Taking
201
Navigable Waters and Tide Lands
203
Procedure and Remedies 172 Necessity of Attempt to Purchase 173 Purchase and Condemnation when Owner Is under Disability
204
Condemnation by Resolution 175 Condemnation by Judicial Decree
205
Venue of Proceedings
206
Federal Courts Jurisdiction and Procedure
207
Appeal from Adjudication of Right to Take
208
Formal Defects in Proceedings 180 Collateral Impeachment De Facto Corporations Ulterior Motives
210
Necessity for Appearance and Answer
212
Conduct of Hearing or Trial
213
Time as of Which Damages Are Assessed
214
Right to Compensation as Running with Land
215
Evidence of Value
216
Evidence of Damage
217
Expert and Opinion Evidence
218
Evidence of Price Paid or Offered for Same or Similar Lands
220
Setting Aside Award or Verdict
222
Statutory Remedy Generally
223
Remedy for Negligent and Unnecessary Injury
225
Nonnegligent or Necessary Injury in Absence of Statutory Remedy
227
Injunction against Illegal Taking
228
Waiver of Owners Rights
230
Permanent Damages when Taking Unlawful
232
Liability of Successor of Corporation Inflicting Injury
233
Remedies of Abutter for Improper Use of Street
234
Statutes of Limitation
236
Urheberrecht

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Seite 15 - Constitution which declares that no person shall be deprived of his life, liberty, or property, without due process of law.
Seite 687 - Coke's definition, like his times, is rough, that an estoppel is where a man is concluded by his own act or acceptance to say the truth...
Seite 320 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Seite 663 - A condition, followed by a limitation over to a third person in case the condition be not fulfilled, or there be a breach of it, is termed a conditional limitation.
Seite 430 - Ch. 139, it was held that a creditors' bill could be filed against several persons relative to matters of the same nature, forming a connected series of acts, all intended to defraud and injure the plaintiffs, and in which all the defendants were more or less concerned, though not jointly in each act.
Seite 386 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing.
Seite 349 - An equitable lien arises either from a written contract which shows an intention to charge some particular property with a debt or obligation, or is implied and declared by a court of equity out of general considerations of right and justice as applied to the relations of the parties and the circumstances of their dealings.
Seite 70 - ... where real estate is actually invaded by superinduced additions of water, earth, sand, or other material, or by having any artificial structure placed on it, so as to effectually destroy or impair its usefulness, it is a taking, within the meaning of the Constitution...
Seite 405 - The meaning of this rule is that, under ordinary circumstances, a suit in equity will not be stayed for laches before, and will be stayed after the time fixed by the analogous statute of limitations at law; but if unusual conditions or extraordinary circumstances make it inequitable to allow the prosecution of a suit after a briefer, or to forbid its maintenance after a longer, period than that fixed by the statute, the chancellor will not be bound by the statute, but will determine the extraordinary...
Seite 167 - In all cases, to warrant a recovery, it must appear there has been some direct physical disturbance of a right, either public or private, which the plaintiff enjoys in connection with his property and which gives to it an additional value, and that by reason of such disturbance he has sustained a special damage with respect to his property in excess of that sustained by the public generally.

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