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Elliott on Railroads Volume 2 Third edition Includes street & Interurban Rys HC
Elliott on Railroads Volume 2 Third edition
Government control
Taxation
Location
Eminent domain
710-1377
Hard cover Sticker and writing inside front cover and first page
A Treatise On The Law Of Railroads Containing A Consideration Of The Organization, Status And Powers Of Railroad Corporations, And Of The Rights And Liabilities Incident To The Location, Construction And Operation Of Railroads; Together With Their Duties, Rights And Liabilities As Carriers Incltjding Both Street And Interurban Railways
BY BYRON K. ELLIOTT AND WILLIAM F. ELLIOTT
TABLE OF CONTENTS
CHAPTER XXV.
ACTION ; BY AND AGAINaT CORPORATIONS.
SECTION
710. Generally-Suits by corporations.
711. When incorporation must be alleged.
712. Actions and suits against corporations.
713. Power of corporation over litigation-Power to compromise and arbitrate.
714. Estoppel to deny corporate existence.
715. When stockholders may sue.
716. Service of process.
717. Resident agent-Rule in federal courts.
718. Agent need not reside in state-Agent casually in state.
719. Return of service.
720. Venue of actions against corporations.
721. Attachment.
722. Garnishment.
723. Duty and liability of garnishee.
724. What may be reached in garnishment.
725. Garnishment of employes' wages.
726. Injunction-Generally.
727. Injunction where the company seeks to take or condemn lands.
728. Injunction where railroad is laid in a street.
729. Enjoining a nuisance.
730. Injunction at suit of the company.
731. Enjoining "strikers."
732. Injunction at suit of stockholder.
733. Mandatory injunction-English cases.
734. Rule in the United States-Illustrative cases.
735. Mandamus-Generally.
736. Mandamus to compel completion and operation of road.
SECTION
737. Mandamus to compel restoration of highway and construction of crossings or viaducts.
738. Mandamus to compel carriage of freight.
739. Mandamus to compel the company to maintain stations and furnish increased facilities.
740. When mandamus will not lie.
741. Who may be realtor.
742. Quo warranto.
CHAPTER XXVI.
REMOVAL OF CAU. E~.
SECTION
745. When removal is authorized-Statutes now in force.
746. What.are suits of a civil nature under the removal acts.
747. Parties.
748. Rights of removal as affected by amount in controversy.
749. Diverse citizenship as a ground for removal.
750. Separable controversy.
751. Action against company and employe.
752. Prejudice or local influence as a ground for removal.
753. Removal where federal question is involved.
754. Time and manner of making application for removal.
755. Effect of application on jurisdiction of state and federal court.
756. Remanding and dismissing cause.
757. Remanding-Amendment-Waiver.
758. Pleading and practice in federal court after removal.
759. Recent cases-Miscellaneous.
760. Question of jurisdiction where neither party resides in federal district-Waiver.
761. Right to proceed in state court after dismissal in federal court.
CHAPTER XXVII.
GOVERN'.IENT CONTROL, LOCATION AND CONSTRUCTION.
SECTION
770. Introductory.
771. Effect of the commerce clause of the federal constitution upon the power of the states.
772. Legislative power over private rights of railroad companies-Nature of.
773. Constitutional protection.
SECTION
774. The limits of legislative power unduly extended.
775. Regulations affecting acts and duties of a public nature-Relating to stations.
776. Other illustrative cases-Regulations as to station accommodations.
777. Corporate rights are subject to the police power.
778. The police power is fettered by limitations.
779. Subject must be one over which the police power extends-Cases adjudging statutes invalid.
780. Police power-Legislative and judicial questions.
781. The police power and the commerce clause of the federal constitution.
782. Regulations that have been held valid-Miscellaneous.
783. Regulations as to equipment held valid.
784. Regulations as to lighting track held valid.
785. The power to impose penalties in favor of private persons-Constitutional questions.
786. Regulating speed of trains.
787. Stopping trains at highway crossings.
788. Fencing tracks.
789. Grade crossings.
790. Grade crossings continued.
791. Requiring services and denying compensation.
792. Federal corporations-State can not transform into a domestic corporation.
CHAPTER XXVIII.
STATE RAILROAD COMMISSIONERS.
SECTION
795. Introductory.
796. Nature of state railroad commissions.
797. The power to create railroad commissions.
798. Strictly judicial powers can not be conferred upon administror ministerial officers.
799. Granting authority to make regulations not a delegation of legislative power.
800. Legislature can not authorize a railroad commission to make unjust discriminations.
801. Members of railroad commission are public officers.
802. Qualifications of commissioners.
803. Powers of railroad commissioners-Illustrative cases.
804. Powers of commissioners-Other cases.
SECTION
805. Jurisdiction of railroad commissioners.
806. Jurisdiction of commission not extended by implication-General rule.
807. Incidental powers of a railroad commission.
808. Right of railroad companies to a hearing.
809. Orders of commissioners not contracts.
810. Certificates of commissioners that rates are reasonable-Effect of.
811. Regulation of charges for transporting property and passengers.
812. Domestic commerce.
813. Reasonableness of freight and fare tariff of rates-How far a judicial question.
814. Regulation of charges-Test of reasonableness.
815. Tariff of rates-Tests of reasonableness.
816. Tariff of rates-Discrimination in interstate rates.
817. Stations-Power to order company to provide.
818. Naming stations.
819. Switching charges.
820. Procedure before the commissioners.
821. Effect of the decision of the commissioners that a company has not committed an act authorizing a forfeiture.
822. Enforcing the orders of the commissioners-Generally.
823. Enforcing the orders of the commissioners-Mandamus.
824. Mandamus--Enforcing orders of commissioners-Illustrative cases.
825. Suits against railroad commissioners are not ordinarily suits against the state.
826. Remedies for illegal acts of railroad commissioners.
827. Specific statutory remedy-Federal rule.
828. Parties to suits against railroad commissioners.
829. Review of certiorari.
830. Injunction against commissioners-Generally.
831. Where commissioners exceed their jurisdiction injunction will lie.
832. Vacating orders of commissioners on the ground of fraud. 833. Federal question-Removal of causes from state courts.
CHAPTER XXIX.
PENAL O! FEN =LS B: AND AGAINST RAILROAD COMPANIES. SECTION
840. Penal offenses by railroad companies-Generally.
841. Penal statutes strictly construed-No extraterritorial effect.
842. Right of action is affected by penal statutes-Effect of violation as proof of negligence.
843. Whether private injury essential to recovery of penalty.
SECTION
844. Action for enforcement of penal statutes.
845. The informers' rights-Parties.
846. The penalty-Computation.
847. When "penalty" and when "liquidated damages."
848. Indictment of railroad companies for causing death.
849. Violation of Sunday laws.
850. Indictment of railroad company for maintaining a nuisance.
851. Indictment under separate coach act-Variance.
852. Obstruction of highways.
853. Failure to maintain accommodations at stations.
854. Indictment for failure to maintain accommodations.
855. Statutory signals-Stops at crossings.
856. Blackboards and bulletins at stations.
857. Failure to furnish cars.
858. Unlawful speed.
859. Penalties for detention of baggage.
860. Other penal regulations.
861. Full crew and hours of service laws.
862. Blacklisting-Clearance cards.
863. Violation of federal regulations.
864. Penalty for confinement of live stock.
865. Penalty for confinement of live stock-State legislation.
866. Offenses against railroads-Obstructing mails and interfering with interstate commerce.
867. English statutory penalties for riding without paying fare.
868. Sale of tickets without authority-"Scalpers."
869. Climbing on cars-Evading payment of fare.
870. Placing obstruction on track.
871. Shooting or throwing missile at car.
872. Breaking into depot or car-Burglary.
873. Injury to railroad property-Malicious trespass. 874. Other crimes against railroad companies.
CHAPTER XXX.
TAXATION O? RAILROAD PROPERTY.
SECTION
880. Taxation of railroads-Preliminary.
881. Legislative power.
882. Whether boards of assessment and equalization have judicial powers.
883. Appropriate method of assessing.
884. Methods of taxation.
885. What is meant by "roadway" in revenue laws.
SECTION
886. Railroad bridges and bridge companies.
887. Statutory method of assessment exclusive.
888. Legislative discretion-Classification.
889. Equality and uniformity.
890. Equality and uniformity-Double taxation.
891. Duties of corporation-Rights of stockholders.
892. Failure of the corporation to make return-Effect on stockholder.
893. Situs of stock of nonresident corporation owned by domestic corporation.
894. Situs of rolling stock.
895. Discrimination.
896. Lien of assessment.
897. Taxation of street and interurban railroads.
898. Relinquishment of the power of taxation.
899. Exemption from taxation-Consolidation.
900. Right of exemption nonassignable.
901. Immunity from taxation not a franchise.
902. Exemption of property used in operating railroad.
903. Withdrawal of exemption.
904. Remedies-Injunction.
905. Remedies-Injunction-Suit by taxpayer.
906. Inequality no ground for injunction.
907. Tender of amount of taxes owing is required.
CHAPTER XXXI.
TAXATION AS AFFECTED BY THE FEDERAL CONSTITUTION.
SECTION
910. Taxing interstate commerce railroads.
911. Interstate commerce-Obstruction of.
912. Railroad property used in interstate commerce is taxable by the state.
913. Interstate commerce-Taxation of property brought from one state into another.
914. Railroad in more than one state.
915. Mileage basis of valuation.
916. License tax.
917. Privilege tax on interstate railroads.
918. Privilege tax discriminated from a property tax.
919. Excise tax.
920. Excise, license and privilege taxes-Review of recent decisions.
921. Tax on passengers carried.
922. Tax on interstate freight.
SECTION
923. Tax on gross receipts of interstate commerce corporations.
924. Fees for the right to be a corporation not taxes.
925. Municipal tax as compensation for use of streets.
926. Impairing obligation of a contract.
927. Impairing obligation of contracts-Tax on bonds.
928. Exemption of railroad property-Contract alteration of charter.
929. Due process of law in tax proceedings.
930. Equal protection of the laws.
931. Equal protection of the laws, continued.
932. Equal protection of the laws-Corporations are persons.
933. Equal protection of the laws-What is a denial of.
934. Fourteenth amendment-Unequal protection generally.
935. Classification not a denial of equal protection.
936. Fourteenth amendment-Tax for salaries of railroad commissioners.
937. Corporations deriving rights from the United States.
938. Land grants.
939. Domestic commerce.
CHAPTER XXXII.
LOCAL ASSESSMENTS.
SECTION
945. Assessments and taxes-Distinction.
946. Local assessments-Power to levy.
947. Statute must be complied with.
948. Property subject to local assessment-General rule.
949. Property of railroad companies.
950. Right of way-Whether subject to assessment.
951. Abutting property-Right of way is not.
952. Whether street railroad is subject to assessment.
953. Right of way-Mode of assessing.
954. Assessment for drainage purposes.
955. Bridges over natural watercourses utilized for drainage purposes.
956. Lien of the assessment-Personal liability.
957. Property secondarily liable-Back-lying property.
958. Assessment of right of way-Enforcing assessment.
959. Procedure.
CHAPTER XXXIII.
LAND GRANTS.
SECTION
965. The ground upon which public aid to railroads rests.
966. Land grants.
967. Construction of land grants.
968. Construction of land grants-Illustrative cases.
969. Effect of grant.
970. Effect of grant-Illustrative cases.
971. Reserved lands.
972. Withdrawal-Where land becomes part of public domain.
973. Indemnity lands.
974. Rules laid down by Supreme Court of United States.
975. Priority rights.
976. Breach of condition-Forfeiture.
977. Legislative declaration of forfeiture.
978. Cancellation of grants and entries.
979. Condition that land shall revert to United States if not disposed of within a fixed time.
980. Staking and surveying line does not conclude the company.
981. Aid to two companies by same grant.
982. Grants by the government-Estoppel.
983. Where state renders performance of condition impossible grant is not defeated.
984. Partial failure to perform conditions.
985. Notice by possession-Adverse possession.
986. Injunction on the application of company.
987. Effect of reservation of right to use railroad as a highway.
988. Right to take timber and material from adjacent lands.
CHAPTER XXXIV.
PUBLIC AID.
SECTION
995. State aid.
996. State aid-Lien of state.
997. Constitutionality of statutes authorizing municipal aid to railroads.
998. Construction of constitutional provisions.
999. Corporate power-Constitutional limitations.
1000. Constitutional prohibitions.
1001. Direct limitations upon the state not limitations upon power to authorize municipalities to grant aid.
1002. Constitutional restrictions operate prospectively.
SECTION
1003. Limitation upon the power of municipalities to incur debts. 1004. Constitutional questions-Delegation of legislative power. 1005. Submission to vote.
1006. Submission to popular vote-Constitutional requirements. 1007. Necessity of regularity in the election.
1008. Form of ballot.
1009. Form of ballot-Double question.
1010. Constitutional power-Compelling public corporations to aid railway companies.
1011. Scope of the legislative power.
1012. Scope of the legislative power-Illustrative cases.
1013. Power to aid railroads-Statutory authority.
1014. Power to grant aid is continuous.
1015. Railroad aid laws not restricted to new companies.
1016. Taxing the property of one railroad company to aid in the construction of the road of another company.
1017. Construction of statutes conferring authority to aid railroad companies.
1018. -Inadequacy of statute.
1019. Impairment of contract rights.
1020. Impairment of contract rights-Illustrative cases.
1021. Construction of statutes-Implied powers.
1022. Construction of statutes conferring authority to aid railroad companies-Illustrative instances.
1023. Construction of enabling acts-Kdjudged cases.
1024. Means and methods.
1025. Requirements of statute-Classes of cases.
1026. Power to aid by subscription does not authorize the execution of bonds.
1027. Levy of taxes-Withdrawal of power-Time.
1028. Donations and subscriptions.
1029. Repeal of enabling act-Withdrawal of authority.
1030. Validating proceedings-Retrospective laws.
1031. Legislative power to authorize ratification.
1032. Curative statutes-Requisites of.
1033. Division of municipality for purpose of voting.
1034. What corporations may be authorized to grant aid.
1035. Subscription to unorganized company.
1036. Votes-Voters-Majority of votes.
1037. Failure to conform to the requirements of the enabling act-Illustrative cases.
1038. Conditions-Performance of-Excuse for non-performance-Illustrative cases.
SECTION
1040. Time for completion of road where not fixed in contract. 1041. Conditions-Power of municipality to prescribe.
1042. Change of municipality.
1043. Effect of change of name of corporation.
1044. Limitations upon the amount.
1045. Valuation of property.
1046. Conditions must be performed.
1047. Preliminary survey.
1048. Petition-Requisites of-Petitioners-Qualifications of. 1049. Notice of election.
1050. Notice of election-Strictness with reference thereto.
1051. Influencing voters.
1052.. Vote does not of itself constitute a contract.
1053. Aid authorized by popular vote-Duty of local officers. 1054. Contract granting aid-Subscription-Enforcement.
1055. Power of municipal officers where statute requires submission to popular vote.
1056. Decision of local officers as to jurisdictional facts.
1057. Acceptance of aid.
1058. Ratification of subscription.
1059. Stock subscribed by municipality-Legislative control of.
1060. Rights and liabilities of municipal corporations as stockholders. 1061. Defences to municipal subscriptions.
1062. Estoppel of tax-payers.
1063. Remedies of tax-payers.
1064. Remedies of municipalities.
1065. Remedies of railroad companies.
1066. Remedies of railroad companies, continued.
CHAPTER XXXV.
MUNICIPAL AID BONDS.
SECTION
1070. Power to issue aid bonds. 1071. Legislative authority requisite.
1072. Constitutional questions-Completed road.
1073. Governmental subdivision may be authorized to issue bonds.
1074. Execution of the power to issue aid bonds-Generally.
1075. Execution of the power to issue aid bonds-Implied powers.
1076. Formal execution of bonds. 1077. Execution of bonds-Delivery. 1078. Nature of municipal aid bonds.
1079. Proceedings of municipal officers must conform to the statute.
SECTION
1080. Want of power-Definition.
1081. Conflict of authority.
1082. Consolidation does not take away right to bonds.
1083. Purchasers of aid bonds-Duty to ascertain that power to issue bonds exists.
1084. Bonds issued in excess of the limits prescribed by the constitution. 1085. Limitation of amount-Construction of statute.
1086. Bonds in excess of the limit prescribed by statute.
1087. Bonds running beyond time prescribed.
1088. Bonds payable out of a specific fund.
1089. Performance of conditions.
1090. No right of railroad company to money or bonds on stock subscription.
1091. Ratification of bonds irregularly issued.
1092. Ratification of invalid bonds.
1093. When bonds are void.
1094. Form of bonds-To whom payable.
1095. Form of bonds-Lack of seal.
1096. Bona fide holders of aid bonds.
1097. Estoppel by recitals in bonds-General doctrine.
1098. Estoppel by recitals in bonds-Illustrative cases.
1099. Recitals in bonds not always conclusive.
1100. Official certificates-Conclusiveness of.
1101. Recitals in bonds to constitute an estoppel must be of facts.
1102. No estoppel where the officer ordering bonds to issue had no jurisdiction.
1103. Estoppel otherwise than by recital-Illustrative instances. 1104. Estoppel by retention of stock.
1105. Recitals in bonds-Effect of against bondholders.
1106. Refunding-Substitution.
1107. Discretionary powers and peremptory duty.
1108. Registration.
1109. Rights of bona fide holders not affected by sale of bonds at less sum than that prescribed by statute.
1110. Subrogation of holder of invalid bonds.
1111. Liability of municipality to purchaser of invalid bonds.
1112.. Right of municipality to recover money paid because of wrongful acts of the railroad company.
1113. Defenses to aid bonds.
1114. Bondholders not bound by proceedings to which they are not parties.
1115. Following state decisions.
1116. Jurisdiction of federal courts.
1117. Compelling the issue of bonds.
1118. Remedies of bondholders.
1119. Remedies of bondholders-Compelling levy of tax. 1120. Miscellaneous.
CHAPTER XXXVI.
LOCATION OF THE ROAD.
SECTION
1125. Choice of location-How determined.
1126. Circular or belt road.
1127. Discretion of company in determining location-How exercised. 1128. Determination of question of necessity and convenience of proposed railroad.
1129. Conflicting grants-Priority of location.
1130. Location of road upon property already devoted to public use. 1131. Location of abandoned right of way.
1132. Branch and lateral roads.
1133. Exempt property.
1134. Preliminary survey.
1135. Perfecting location-Map of proposed route.
1136. Effect of location-When location is complete.
1137. Construction of "from" and "to"-Terminus "at or near." 1138. Contracts to influence location.
1139. Change of location-When authorized.
1140. Change of location after first location is finally completed. 1141. Abandonment of location-Effect.
1142. Abandonment-What constitutes-When and how shown. 1143. Relocation of stations.
1144. Right of individual to enjoin change of depot or station.
CHAPTER XXXVII.
ACQUISITION OF RIGHT OF WAY.
SECTION
1150. How right of way may be acquired.
1151. Authority to purchase.
1152. Who may convey.
1153. Construction of deeds and contracts for right of way. 1154. Where route is not described in deed.
1155. Enforcement of agreement to sell-Specific performance. 1156. When specific performance will not be enforced.
1157. Effect of conveyance or release of damages.
1158. What estate is taken.
SECTION
1159. What estate is taken, continued.
1160. Conveyance of right of way by railroad companies.
1161. Conditional conveyances.
1162. Difference between conditions precedent and conditions subse-
quent-Effect of failure to perform conditions precedent.
1163. Conditions subsequent-What is sufficient performance-Effect of
failure to perform.
1164. Remedies of grantor for failure of company to perform conditions subsequent.
1165. Construction of conditions subsequent-Compliance with conditions.
1166. When equity will interfere in case of a breach of conditions subsequent.
1167. Covenants running with the land.
1168. Other covenants.
1169. Right of way over mineral lands-Reservation of right to mine. 1170. Use Gf land acquired for right of way purposes.
1171. Title on abandonment of right of way.
1172. Dedication of land to the use of railroad.
1173. Dedication to railroad-Statute of frauds.
1174. Title by adverse possession.
1175. Adverse possession-Lacking-Extent of right acquired. 1176. Adverse possession as against municipality.
1177. Rights of railroad company acquired by entry under license. 1178. When license is irrevocable.
CHAPTER XXXVIII.
APPROPRIATION UNDER THE EMINENT DOMAIN.
SECTION
1185. Definition and nature of the eminent domain.
1186. Power inherent in states-Extent.
1187. Constitutional provisions and questions.
1188. Public use and necessity-Who determines.
1189. Effect of legislative determinations of public use in first instance. 1190. Public use and necessity-What constitutes public use.
1191. Public use-General rules and illustrations.
1192. Public use and necessity, continued.
1193. Exercise of power by corporation exercising both public and private functions.
1194. Delegation of the power of eminent domain.
1195.. Delegation of the power to railroad companies-Extent of authority.
1196. Extent of authority-Discretion of company to determine particular necessity.
1197. Limits of rule as to discretion-What is reasonable necessity. 1198. Company may be compelled to condemn.
1199. Construction of statutes granting right to condemn.
1200. Right of foreign and consolidated companies to condemn. 1201. Exercise of the right by de facto corporations.
1202. Right to condemn where road is leased or in hands of a receiver. 1203. Right to condemn can not be delegated to contractor or construction company.
1204. Purposes for which a railroad company may condemn generally. 1205. Purposes for which company may condemn-Illustrative case. 1206. Roads to mines or manufacturing establishments-Right to con-
demn upheld.
1207. Right to condemn for road to private enterprise denied. 1208. Condemnation of land for future use-Second appropriation. 1209. What may be appropriated-Generally.
1210. Property of other corporations.
1211. Property of state or United States.
1212. Tide lands.
1213. Property devoted to another public use.
1214. When right to take property already devoted to public use exists. 1215. Right may depend on whether two uses can co-exist without impairment.
1216. Franchises.
1217. Exclusive grants and franchises.
1218. Buildings on right of way.
1219. Exempt property.
1220. Extent of taking.
1221. Taking additional property.
1222. Title or interest acquired.
1223. Reversion on abandonment.
1224. Width taken for right of way.
1225. Taking right of way of another road-When not allowed. 1226. When such taking is allowed.
1227. Crossing another road.
1228. Condemnation of right of way for other purposes-Highways. 1229. Condemnation of right of way for other purposes-Reservoir sites -Drainage.
1230. Condemnation of right of way for other purposes-Telegraph and telephone lines.
1231. What constitutes a taking-Generally.
1232. No taking where no property right.
1233. What constitutes a taking-Illustrative cases.
SECTION
1235. Property damaged or injured-Constitutional and statutory provisions.
1236. Property damaged-Illustrative cases.
CHAPTER XXXIX.
COMPENSATION AND DAMAGES.
SECTION
1240. Compensation-Constitutional right.
1241. Provisions of the federal constitution-Federal powers. 1242. Federal power-Abridgment of right of navigation.
1243. Constitutional right to compensation does not extend to general damages.
1244. Compensation must be made in money-Principle not violated by deducting special benefits.
1245. The measure of compensation is a judicial question.
1246. Right to compensation not lost by conditional grant.
1247. Time at which compensation is computed.
1248. Time of payment of compensation.
1249. Benefits-General survey of the subject.
1250. Benefits-The different lines of decision.
1251. Benefits-General and special.
1252. Benefits confined to parcel or tract actually taken.
1253. Benefits from abandonment of an existing line across premises. 1254. Remote or conjectural damages can not be allowed.
1255. Remote, sentimental or conjectural damages continued.
1256. Remote and speculative damages-Possibility of negligence in construction or operation of road.
1257. Damages confined to particular tract:
1258. Injuries to part of tract or parcel of land not actually taken. 1259. Elements of value.
1260. Compensation for additional burden on right of way.
1261. Measure of damages-Illustrative cases.
1262. Matters to be considered in estimating damages-Illustrative instances.
1263. Measure of damages for property of railroad company taken for
other public use-Railroad and street railroad crossings.
1264. Measure of damages for property of railroad company taken for
other public use-Telegraph lines.
1265. Measure of damages for property of railroad company taken for public use-Streets and highways.
1266. Railroads and street railroads in streets-Compensation to abutters.
ECTION
1267. Elevated railroads.
1268. Damages where land taken is abandoned before conclusion of condemnation proceedings.
1269. Improvements made by company under unauthorized entry-Views of the authors.
1270. Improvements made by company under unauthorized entry-Illustrative cases.
1271. Deviation from proposed line-Change of route.
1272. Owner at time possession is taken is entitled to damages-Vendor and vendee.
1273. Who is owner.
1274. Who is entitled to the compensation where the land is conveyed after appropriation proceedings are commenced-Vendor and vendee.
1275. Temporary use of premises.
1276. Notice to purchaser by existence of railroad.
1277. To whom compensation should be paid.
1278. Measure of damages to lessee.
1279. Apportionment of compensation.
1280. Occupying claimants on public lands.
1281. Effect of assessment of damages.
1282. Award of compensation does not cover negligent acts. 1283. Interest-Allowance of.
1284. Presumption of payment of compensation-Statute of limitations. 1285. Waiver-Estoppel.
CHAPTER XL.
PROCEDURE IN APPROPRIATION CASES.
SECTION
1290. Procedure-Introductory.
1291. Nature of the proceedings.
1292. Civil action-Removal to federal court.
1293. Tribunals-Generally.
1294. Nature of the tribunal for assessment of benefits and damages. 1295. Creation of the tribunal-Legislative power.
1296. Right of land owner to have question of right to take determined. 1297. Determination of right of interurban road to cross railroad tracks. 1298. Tribunals-Jurisdiction-Decision of majority.
1299. Appointment of appraisers or commissioners to assess benefits and damages.
1300. Duty to appoint appraisers or commissioners-Mandamus. 1301. Qualifications of jurors-Appraisers or commissioners.
SECTION
1302. Waiver of objections to lack of qualification. 1303. Oath must be taken by jurors or commissioners. 1304. Notice-General doctrine.
1305. Notice-Requisites of.
1306. Notice-Political questions-Expediency. 1307. Notice-Description.
1308. Service of notice.
1309. Summoning the jury or commissioners. 1310. Parties.
1311. Parties-Grantor or grantee-Interested parties generally.
1312. Parties-Joinder-Effect of failure to join. 1313. Parties-Amendments.
1314. Effort to agree.
1315. Petition or articles of appropriation. 1316. Limited and unlimited petitions.
1317. Contents of the petition.
1318. Contents of petition-Description of property. 1319. Petition-Defects and manner of testing. 1320. Title.
1321. Defenses-Questions of law or fact. 1322. Further of defenses.
1323. Effect of pendency of proceedings to condemn. 1324. Dismissal of proceedings-Effect of.
1325. Dismissal-Other cases.
1326. Abandonment of proceedings.
1327. Meetings of commissioners or jurors. 1328. Open and close.
1329. Evidence generally.
1330. Evidence of value-Illustrative instances.
1331. Evidence of value-Further illustrative instances. 1332. Tax list and assessments as evidence of value. 133.3. Competency of witnesses.
1334. Opinions of witnesses.
1335. Power of commissioners to act upon their own knowledge-Evidence.
1336. View.
1337. Instructions.
1338. Report of commissioners.
1339. Report of commissioners-Requisites of-Illustrative cases.
1340. Time within which report must be made. 1341. Objections to report.
1342. Confirmation or rejection of report-Modification. 1343. Misconduct of jurors or commissioners.
1344. Judgment.
1345. Waiver of objections.
1346. Company a trespasser where proceedings are void.
CHAPTER XLI.
REMEDIES OF LAND-OWNERS.
1350. Remedies to enforce payment of compensation.
1351. Remedies of land-owner-Generally. 1352. Remedies of land-owner-Injunction. 1353. Remedies of land-owner-Limitation of action.
1354. Remedies of land-owner-Parties to proceedings.
1355. Remedies of land-owner-Pleading. 1356. Remedies of land-owner-Evidence. 1357. Remedies of land-owner-Damages. 1358. Remedies of land-owner-Taking or injury in excess of that
condemned.
1359. Remedies of land-owner-Right of company to conveyance.
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