Canadian Railway Cases Volume 2

Canadian Railway Cases Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the largest and most important kind, and it confers and imposes them upon the company which Parliament has before it and upon no other body of persons. These powers must be executed and these duties discharged by the company. They cannot be delegated or transferred, ' and therefore if a railway company were to use and run over another's line without due statutory authority, it would be committing a nuisance, and would be liable to an indictment at the instance of the Crown and to an action at common law for damages for all injuries of a private nature which it might inflict upon individuals: Wealleans v. Canada Southern R.W. Co., 21 A.R. 297, reversed on the facts in Michigan Central R.W. Co. v. Wealleans, 24 S.C.R. 309: but without disturbing the doctrine laid down by the Court of Appeal: see 1 Can. Ry. Cases 209. But by private Acts, of Parliament, railway companies are frequently permitted to enter into agreements for amalgamation with, or for running rights over, another line, and by the General Railway Act, 51 Vict. ch. 29 (D.), by sees. 93 to 97 they may assign to bondholders as security for money borrowed, the undertaking, with all its powers, and these may in case of default be taken over and exercised by the bondholders, and the railway may itself be sold: see sees. 278 to 280, and Abbott on Railway Law, pp. 100 to 103. This, however, is foreign to our subject, which has to do rather with the rights and liabilities that arise where one railway uses the roadbed or rolling stock of another or carries goods under a contract which embraces more than one line. First, as to liability for defects in the cars of another company. By 51 Vict. eh. 29, sec. 240 (D.), every company must, according to its ability, afford facilities to other...show more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236781694
  • 9781236781697