Street Railway Reports Annotated; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States Volume 5

Street Railway Reports Annotated; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States Volume 5

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...highways, streets, avenues, lanes, alleys, and public grounds or spaces within said city and to grade, pave, repair and otherwise improve the highways, streets, lanes, alleys... with stones, wood, brick or other material." In construing statutes, it is undoubtedly the general rule that, where general terms follow specific words of a like nature, they take their meaning from the latter; and complainant's counsel invoke this rule in support of the proposition that "from the words 'otherwise improved' no different intent can be discovered than from the words 'grade, pave and repair.' When these words were used, the Legislature had in mind improvements of the same general nature as paving or repairing.... The rule ejusdem generis applies." Conceding the application of this rule, it still must be determined whether the constructing of the track is within or without the genus. The rule itself implies that the other highway improvements may be different from the highway improvements specified so long as they fall fairly within the species of highway improvements of which specific instances are given. The improvements specified in the section under consideration relate to the preparation of the street for public travel and use, and, if the construction of the track is such an improvement, it falls within the species. Is the construction of a street railway track in the public streets a street improvement of the general character of which grading and paving are particular instances? In determining whether the construction of such tracks constitutes an improvement of the street for purposes of public travel, reference must be had to the legal nature of the use of the streets by street railway companies. Mr. Justice Coolet, in rendering the...show more

Product details

  • Paperback | 480 pages
  • 189 x 246 x 25mm | 848g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236541952
  • 9781236541956