A Treatise on the Law of Street Railways; Embracing Surface, Subsurface and Elevated Roads, Whether Operated by Animal Power, Electricity, Cable or Steam Motor

A Treatise on the Law of Street Railways; Embracing Surface, Subsurface and Elevated Roads, Whether Operated by Animal Power, Electricity, Cable or Steam Motor

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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. 1892 edition. Excerpt: ...common use of streets for a street railway and for ordinary travel. See also Wood on Railways, p. 959; Dillon Mun. Corp. (4th Ed.), sec. 721. A company in Kansas City, Mo., was required to keep certain portions of the street occupied by it "in good repair," in compliance with the terms of the ordinance granting the right of way. Subsequently the city passed an ordinance providing that the company should pave the space between lines drawn 18 inches outside of its outer rails, with stone, wood, granite or other materials, to correspond with the pavement of the street, and also providing a penalty by fine against the officers and employes of any company of the city which should run its cars over any street where such paving had not been done. The court held that the requirement was in violation of contract rights and that the penalties could not be enforced. Kansas City r. Corrigan Consolidated Ry. Co., 86 Mo. 67, (1885). 245. What is meant by reconstructing the street.--The duty of reconstructing the street, as distinguished from the obligation to maintain the surface of the roadway in good repair so as not to interfere with its use by others, generally has reference only to the time the road is built, and is discharged by restoring the street to its original condition within a reasonable time after the tracks have been laid. Under an ordinance merely imposing the duty of reconstructing the street with the same kind of materials used by the municipality on the remaining portions of the roadway, the city cannot compel the company to repave from time to time, or, on its refusal, make the improvement and recover from it a portion of the expense.i In Chicago v. Sheldon, 9 Wall. 50, (1869), where a company had agreed to keep a certain...show more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236653750
  • 9781236653758