A Treatise on the Law of Roads and Streets, Opseg 1

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Bobbs-Merrill Company, 1926 - Broj stranica: 1037
 

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Scope of chapterintroductory 1107 Right to use roads and streets 1108 Automobile not a nuisance nor a dangerous machine per se 1109 State and m...
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Highways definition 2 Culdesac 3 Test for determining when a way is a highway
1
Statutory requirementsfootways and driftways
4
Private waywhen it becomes public
5
Private waywhen it does not become publicillustrative cases
6
Roadsdefinition
10
Rural highwaysdistinction between roads and streets 9 Public roadstoll roads
10
Legislative control
10
County and township roads 12 Section and other line roads
11
Neighborhood roads
13
Private roads
14
Founderous roadsright to travel extra viam 16 Basis of the right to travel extra viam
15
Duty of traveler extra viam
16
Right to travel extra viam where way is obstructed by snow and ice 19 Streetsdefinition CHAPTER II
18
Rights of public not confined to surface 21 Meaning of the term street in a plat or
20
Meaning of the term street in statuteswhen included in term highway
22
Sidewalkswhen considered part of street
23
Crosswalks
24
Legislative control of streets as highways
25
Limitations of legislative power over streets
28
Distinction between streets and alleys 28 Alleyswhen public ways
30
Alleyswhen not public ways
31
Rights and duties respecting alleys
32
Public bridgesadoption of bridges by the public
33
Bridges not always regarded as highways
34
Approaches are part of the bridge
35
Rights and duties of public corporations as to their bridges generally
36
Whether a structure is a bridge is often a question of
37
Power of the state to provide for the construction of bridgesgeneral doctrine
38
Navigable streamspowers of state and federal governments
39
Inland streams which are not avenues of interstate commerce
40
Unauthorized bridgesdelegation of authority by the legislature
41
When railroad company may construct bridge over navigable waters
42
Rights and duties of persons authorized to construct bridgesinterference with navigation
43
Construction of statutes conferring authority to erect bridges across navi gable streams
44
Toll bridges generally
45
Toll bridgesgenerallyright to maintain and collect toll
46
Liability of owners of toll bridgescare required extraordinary
47
Canal and railroad companiesduty respecting bridges
48
Abandonment of toll bridgereversion to the public
49
Location of bridgesdiscretionary powersmandamus
50
Location of bridgesinjunction
51
Ownership of bridges by public corporationsnature
52
Use by the publiceffect
53
Collision between cars and vehicles or travelers on streetgenerally 975 Vehicles going in same directionrunning down vehicles from behind 976 Inju...
58
Delegation of authority to build and maintain toll bridgesfranchise of maintaining toll bridges
67
Powers of public corporations respecting bridges
68
Construction and construction contracts
69
Extraordinary freshets and storms
70
Authority to construct bridgesextent and scope
71
Care in securing plan
72
Propriety of locationwhen a question of factreview of decisions of county officers
73
Jurisdiction of county officersbridges between two countieslegislative control
74
Action to enforce statutory liability
75
Commonlaw duty of counties to repair
76
Bridges between two public corporationsapportionment of cost of con structing
77
Definition
78
Maintenance and repairconflict of jurisdiction and duty 61 Liability of cities and townsdistinction between such corporations and counties
79
Forfeiture or expiration of charterroad remains public highway
80
Legislature may authorize use of existing public roads as turnpikesgrant is strictly construed
81
Municipal controlliability of municipality
82
Municipality not generally bound to repair
83
Rights and burdens of turnpike companies in cities
84
Liability of counties for failure to repairstatutory liability 63 Breach by a county of the duty to repair
85
Liability of townships for failure to repair
86
Liability of cities and incorporated towns for failure to repair
87
Bridges owned by private corporationsduty of municipal corporations re specting 67 Bridges owned by different public corporations
88
Duty to improve rests upon turnpike company
89
Taxation in aid of turnpikes
90
Objections to such taxation
91
Theory upon which power to aid by taxation is upheld
92
Appropriation of funds derived from taxationtaxing districts
93
Statutory authority must exist for aid by taxation
94
Tollright to collect
95
Toll can only be collected in conformity to
96
When toll may be collected from bicyclers
97
Power of legislature over tolls
98
Toll can generally be collected only at gates
99
Location of tollgateschange of location
100
When toll may be collected for use of road between gates
101
Gates may be closed against traveler who refuses to
102
Exemption from toll
103
Waiver of right to collect tolldiscrimination
104
Action for tollpenalties for failure to
105
Defenses in actions for toll
106
Bylaws relative to toll
107
Extent of duty of turnpike company to keep road safe
112
Liability where company fails to perform statutory duty
113
Width which must be kept safebarriers
114
Liability of company where horse runs away
115
Liability of company where its negligence concurs with that of a third person
116
Liability of company for acts of its gatekeepers
117
Limit of companys liabilitycontributory negligence
118
Who are travelers to whom company is liable
119
Abandonmentright to collect toll and duty to keep in repair are reciprocal
120
When company is relieved of duty to keep in repair
121
Definition and kinds
122
Statutory dedication
123
Defective statutory dedication may be good commonlaw dedication
124
Distinction between statutory and commonlaw dedication
125
Statutory dedicationacceptance
126
Shunpikes
127
Obstructing turnpikesnuisance
128
Contributory negligence of footmenreview of cases
133
Dedication by maps or plats and sale of lots 129 Streets dedicated by plat and sale of lots need not be opened immediately 130 Construction of maps ...
139
Court generally construes maps or platsparol evidencepractical con
156
Purchaser acquires right in all streets shown on plat
157
Two classes of commonlaw dedications
158
Express dedication
159
Illustrative cases of dedication by writing
160
Illustrative cases of oral dedication 137 Implied dedication
162
Intent to dedicate
165
Rights acquired on faith of owners conductmistake 140 Intent to dedicate need not always actually exist in mind of landowner
166
Mistake of landowner
167
Negligence of landownerfraud
168
Owner ignorant of rightswhen estopped 144 Permissive use or licenseno dedication
169
Moral turpitudewhen involved
170
Estoppel of landowner by open conduct relied on by others
171
Use with assent of owner 148 Donor does not warrant fitness of land for street
172
Dedication by state or nation 150 State may hold property for public or private purpose
173
No dedication presumed where state holds lands for public purpose 152 Dedication as against married women
176
Dedication as against infants 155 Express dedication by persons under disability
177
Express dedication by married women 157 Dower can not be claimed in dedicated land
178
Dedication must be by owner
179
Dedication by equitable owners trustees and agents
181
Dedication by state and public and private corporations
182
D
183
No grantee other than the public is essential to dedication
185
Conditions and limitations may be annexed to dedication 164 Presumption that public takes merely an easementaccretions
188
Acceptance of dedication 166 How acceptance by public may be shown
192
Implied acceptance
193
Evidence of acceptanceimproving and exercising control
195
Other evidence of acceptance by municipality
196
Local statutes further considered
197
Evidence by which existence of highway by prescription is proved
198
Prescription as against persons under disability
199
Acceptance by public use whether binding on municipality 171 Acceptance by public use
200
Evidence held sufficient to show highway by prescriptionillustrative cases
201
Acceptance must usually be within reasonable timerevocation
202
Land subject to prescriptionpublic land
203
Eminent domain inherent in sovereigntylegislative powers
204
Animus dedicandievidence
205
Limitations in federal constitution upon power of statesdue process
206
Intention to dedicatewhen a question of fact
207
Presumption that landowner intended what acts indicate
208
Condemnation under eminent domain does not impair obligation of con tractspower can not be bartered away
209
When proceedings may be removed to federal court
210
Usereffect of 177 Time of use necessary to establish dedication
211
Necessity for takinglegislature may determine
212
No specific period of time necessary
213
Extent and character of use necessary to establish dedication
214
Acts held sufficient to establish dedication
215
When road is not public within the rule
216
Law of the land
217
Must be statutory authority to condemnstatutes are strictly construed
218
Other evidence of dedicationillustrative casesinsufficient evidence 181 1 Other evidence insufficient to establish dedication
219
Generally no constitutional right of trial by jury
220
Situation of land and surrounding circumstances are importantwild land
221
Evidence to rebut dedication 183
222
Fences and barriers
223
Repairs payment of taxes and use of land by owner
224
Owner can not impair rights acquired on faith of his acts
225
Substitution or diversionabandonment and reversion 187
226
CHAPTER VI
228
Presumption that way was established by competent authority
230
Presumption of a grant
231
Distinction between prescription and dedication 192 User under ineffective attempt to establish a highway
232
Width and extent of highwayhow determined
233
Principles upon which the decisions are founded
234
Change of ordinary highway to toll road is not an additional burden
235
Preliminary surveys and other entries on land which do not constitute a taking
236
Use must be adverse and uninterrupted for the necessary period 195 Welldefined line of travel must be shown
237
Local statutes may determine prescriptive period
238
All private property subject to eminent domain
239
Illustrative cases as to property that may be taken
240
Corporate franchises
241
Part or all of corporate franchise may be taken
242
Mere diminution of business by grant to rival corporation is not a taking police regulations
243
Property already devoted to a public use may be condemned
244
Authority to take property previously appropriated must be clearly granted
245
Other statements of the rule and test
246
Illustrative cases
247
Use must be public
252
Petition and order for construction or improvement 469 Other steps
256
Compensation must be certain
264
Statute must provide for compensation
265
Compensation can not be made to depend upon contingencymunicipal bonds
266
Appeal bond or judgment is not sufficient
267
Rule where state or municipality undertakes payment of compensation
268
Certainty of compensationdesignation of fund
269
Pledge of faith of private corporation is insufficient
270
Time when compensation must be paid or tendered
271
CHAPTER VIII
272
Compensation must be made in moneydeduction of special benefits
273
Reason for deducting special benefits
274
Different views as to when and to what extent benefits may be allowed
275
When benefits may be set offconstitutional provisionsNew York rule
276
Only special benefits can be deducted
277
Remote and speculative benefits not consideredwhat may be considered
278
New use of highway does not always constitute a taking 231 When new use is an additional burden
279
A commercial railroad may be an additional burden
280
Other illustrative cases
281
Legislature can not determine amount of benefits
282
Owner should receive just compensationwhat it
283
Measure of compensationloss of incidents
284
Difference between right to compensation for taking and right to damages for negligence
285
General rule for measuring compensation
286
Illustrative cases
287
Damages confined to particular tractwhat are separate parcels
288
Cases showing when parcel is regarded as entirety and when separate
289
Compensation according to market value
290
Evidence as to market value
291
Other evidence of market valuesales and offersprice paidadmissions
292
Time at which valuation should be madeinterest
293
Improvementscompensation
294
Damages where property is peculiarly adapted to particular purpose
295
Adaptability to special useillustrative cases
296
Remote and speculative injuries not to be considered
297
Authority to cross may be implied where authority to take longitudinally can
298
Crossing railroads and turnpikes by highways
299
Compensation must be paid to true ownerwho are owners
300
Persons entitled to compensationillustrative cases
301
CHAPTER X
302
Effect of death of owner pending proceedings
303
Time and manner of claiming compensationpresumption of payment waiver
304
Waiver effect of accepting compensation
305
Easement only can be taken unless clear authority to take
306
Easement usually taken for highways and the like
307
Quantity of property which may be takenwhat is reasonably necessary 257 Discretion as to route and extent
308
Expropriator must take what statute prescribes
309
Rights of owner of fee where easement is taken
310
Power of eminent domain is a continuing
311
Establishment of highways by direct legislative action
312
CHAPTER XI
313
Fundamental and constitutional right
314
Effect of fourteenth amendment of federal constitution
315
When compensation should be paid or tendered
316
The statute must provide for an appropriate tribunal
317
Jury not required by ordinary constitutional guarantee of trial by jury
318
Rights of landowner where a jury is requiredjury on appeal
319
Impartial tribunal must be providedeffect of providing for an appeal
320
Legislative discretioninterest that disqualifies
321
Waiver of objections
322
Tribunals in which proceedings are usually begunnature
323
Jurisdiction of inferior tribunals must appear of record
324
Where jurisdiction is shown the presumption is in favor of the regularity of the proceedings
325
Judgment as to the existence of jurisdictional facts
326
Powers of statutory tribunals
327
Statutory mode of procedure must be pursued
328
Void and voidable proceedings
329
Effect of unauthorized proceedings
330
Continuing powers
331
Failure to take action at the time designated by the statuteloss of juris diction
332
Continuous sessionsadjournments
333
ASSESSMENTS FOR IMPROVEMENTS AND REPAIRS
336
Owners must be made partieswho are owners
347
Reversioners and tenants
348
Vendees trustees and mortgagees
349
Heirs and personal representatives
350
Holders of unrecorded liens
351
Exceptions to the rule that only those having a title of record need be made parties
352
New partiesconflicting claimants
353
Defect or misjoinder of parties
354
Notice matters upon which the owner is entitled to a hearing
355
Notice and hearing not essential as to questions of expediency
356
Right to notice to select jurors or appraisers
357
Party having notice can not complain that others were not notified
358
Exceptions to rule that one can not complain of failure to notify others
359
Collateral attackwhen decision of inferior tribunal is conclusive
360
Waiver of notice
361
Notice must be such as the statute provides
362
Notice to those whose titles or interests appear of record generally sufficient
363
Form of notice and manner of service
364
Sufficiency of notice and serviceillustrative cases
365
Case must be taken up at time fixed in noticeadjournment
366
When new notice is required
367
Foundation of proceeding to condemnwritten petition
368
Statutory provisions must be complied with
369
Jurisdictional and statutory averments
370
Jurisdictiondefective petitioncollateral attack
371
Jurisdictional facts which must be shown
372
When several petitions are to be considered as
373
Jurisdiction of the particular case must exist 335 When jurisdictional facts must be stated in petition 336 Jurisdiction of the subject can not be conferr...
374
Stage at which right to withdraw must be exercised
375
Petitioners must show themselves to be within the statutefreeholders
376
Further as to contents and sufficiency of petition
377
Defects in petitionhow facts should be stated
378
Petition should show proposed highway within the territorial jurisdiction
379
Description of proposed highway
380
Illustrative cases as to sufficiency of petitions
381
Including several proposed highways in one petition
382
Objections to petitionwaiver
383
Verification of petition
384
Nature and characteristics
385
Contributory negligence further considered 1155 Burden of proof on plaintiffwhat he must showvariance 1156 Evidencematerial circumstances 115...
420
Limits and boundaries of the
430
Exempt property
431
Owner must show property exempt
432
25
433
Estoppel of owner
434
7
435
40
436
CHAPTER XV
443
Public necessity or utility 392 Public necessity or utilitywhen determined
448
Collateral attack
449
Ordinary rules of procedure are generally applicable
450
Further as to notice 1159 Evidenceother accidents 1160 Evidencesubsequent repairs 1161 When evidence of subsequent repairs is admissible 1162 O...
451
Right to open and close 396 Defenses generally
452
Viewing the property
453
All matters are generally determined on one trial
454
The report 400 What the report should containirregularities
455
Report upon the question of necessity or public utility 402 Statement of damages
457
Naming parties and describing the land
459
Other matters relative to report and filing
460
Objections to reportwaiver
461
Amending and correcting the report
462
Recommitalreviewers and reviews
463
Confirming or setting aside the report 408 The order
467
Effect of repeal of statute
468
Apportionment of fund
470
Fraudulent and illegal contracts
471
Successive applications for highway
472
CHAPTER XVI
473
Damages caused by improvement
474
Taxing districtslegislative authority and discretion
475
Legislature may determine questions to be triedmode of procedure application of other statutes
476
Who may appeal
477
Procedurewhen general rules of practice apply
478
Time for appealingconditions precedentnotice
479
Trial de novo in intermediate courtobjections must be made below
480
Compelling work on highwaysstatute must be followednotice
481
Appeal a direct attackwhat questions may be presented
482
Trial must relate to particular highway involved
483
Estoppel and waiver
484
Effect of appeal
485
Voluntary dismissal of appealwhen right to dismiss exists 423 1 Dismissal by court
486
Duty and liability of officer who executes the judgment 425 Review of proceedings by certiorariwhen it will
487
What may be reviewed on certiorari
488
Illustrative casespipes in country road
489
Certiorari not a writ of rightwhat petitioner must show
490
City need not pay for right to use street for water works
491
Effect of certiorarijudgment 429 Appeal or certiorari lies only from final judgment
492
Change of location of pipes or mains
493
Use of street beneath the surface tunnel
494
Extent of easement in streets generally
495
Regulation and control of highways a governmental matter
496
Reasons for holding cities liable and counties
497
Rights of owner of servient estate at common
498
Public acquires merely an easement
499
Way must be opened on line describedeffect of deviation
500
Section line roads
501
Way must be opened within prescribed time
502
Laying out new way over existing wayuser
503
When user determines course and limits of
504
Change of way established by user 443 Consent of owner
505
Removal of fencesnotice 445 Duties and liabilities of highway officers
506
Filing and recording order to lay out
507
Proof of establishment of highway
508
Collateral attack
509
Injunction
511
Discretionary powers not controlled by injunction 451 Injunction at suit of municipality or highway officers
512
CHAPTER XVIII
513
Viewers appraisers and commissioners
516
Order and effect
517
Appeal and certiorari
518
Change of widthwidening
519
Vacation
521
Damages to landowners
522
Recording highwaysgenerally
523
Ascertaining and recording highwaysprocedure
524
Ascertaining and recording highwaysevidence
525
CHAPTER XIX
527
Authoritypowers of different officers or bodies under various statutes
528
Equitable estoppel
530
negligence
536
Ministerial dutiesdiscretionary duties 860 Cases in which officers have been held liable 860 1 Liability of officers where municipality is not liable 86...
546
Legislative controlduty of company
547
Municipality not liable for merely granting lawful licenserights
548
abutters
550
RIGHTS AND REMEDIES OF ABUTTERS
551
Opening streets through railroad yards 1056 Duty of company to restore and repair street 1057 Respective rights of the company and of the public 1...
558
CHAPTER XLIII
561
Municipal control
568
CHAPTER XXI
573
Limitations imposed by spirit of constitutionlocal selfgovernment
575
The ultimate proprietary right in highways 512 Delegation of jurisdiction over public ways not within the rule prohibit ing delegation of legislative p...
576
Nature and scope of the delegated power 514 Change of local agencies
579
Organization and control of municipal corporations
580
Construction of statutes conferring authority on governmental agencies 517 Exercise of legislative control
581
Equal protection of the laws
583
Uniformity of laws 520 Special and local lawsillustrative cases
584
All damages are recoverable in one action
585
Classification
586
Liability for trespasses of highway officers
587
Authorizing judges to appoint commissioners viewers and the like
588
Curative statutes
589
Right of repeal
590
Restriction of the use of property abutting on streets
591
Regulations under police power
592
CHAPTER XXII
593
Power to lay out regulate and improve streets
604
Regulating driving and speed of trains
606
Conflict of jurisdiction
607
Regulating and licensing vehicles
609
Gas water railroad and telegraph companies
611
Consent of municipality must be obtained
612
Municipality may impose conditions
613
Exercise of police powerother illustrative cases
615
Power to grade and improve 552 Power to pave
616
Power to repair 554 Change of gradeconsequential damages
618
CHAPTER XXIII
621
Ordinance must be enacted and put in force as the statute requires
622
Time of enacting ordinancespecial and adjourned meetings
623
Obstruction of natural watercourse
624
Diverting flow of water 559 Discharge of sewage beyond city limits
625
Discretion of local authorities
626
Liability for negligence
627
Pouring sewage into streams
629
Liability for failure to keep a sewer in repair 564 Liability to travelers
631
Liability for defects in plan
632
No liability for mere error of judgment
633
Extraordinary floods 568 Authority to construct sewers can not be abdicated
634
Private drains or sewersregulation of use of municipal sewers
636
CHAPTER XXIV
637
Rule where specific duty exists 574 Mere grant of authority does not create a mandatory duty
640
Grant of authority includes incidental powers
641
Difference between reconstruction or improvement and repair
642
Changes held to be improvement or reconstruction
643
Things held to be repairs
646
Construction and reconstruction
647
Liability for negligence
648
Right of local authorities to determine manner of improvement 582 Where work must be let to independent contractor
649
Rule where cost of improvement is payable out of the general fund 584 Change of gradestatutory right to damages
650
Limits of authority of highway officersinvasion of private rights
656
Municipal officers must conform to the
657
Lateral support
658
Municipality may be liable without actual entry on abutting property 593 Oppressive improvementswhen courts will interfere
659
Liability of municipality for acts of officers and agentsrespondeat superior
660
Action by property owner where compensation is not paid as required by statutedamages
661
Highway officers must exercise reasonable care as to plan and control of work
662
Municipality is not liable where act is ultra vires
663
Distinction between mere wrongful acts and ultra vires actsillustrative cases
664
Statutory mode is the measure of power
665
Distinction between ultra vires acts and unauthorized acts of subordinate agentsratification
666
Defense of ultra viresimprovement under an invalid ordinance
667
Responsibility for acts of de facto officers 601 1 Different systems or methods of meeting expenses of improvements or repairs
668
What property may be assessedgenerally
669
State aid highwayfederal
670
Property of cemeteries religious and charitable bodies
671
CHAPTER XXV
672
Homestead
673
Property of railroads and public service corporations
674
Exemption of public property
675
School property
676
Property of United States
677
Contracts for exemption
678
Two systems of assessment may exist at same time
679
Effect of repeal or amendment of statute
680
Property owners not injuriously affected can not defeat assessment
681
Void and voidable assessmentseffect of irregularities
682
Nature and extent of property assessablecorner lots
683
Preliminary resolutiondeclaration of necessity
684
Extent of legislative authority considered on principle
685
Preliminary resolutionnature and contents
686
Front foot rule
687
Notice of resolution or intention to improve
688
Assessment on each lot of entire cost of improvement in front of
689
Preliminary estimates
690
Estimates further considered
691
Assessment where the statute prescribes no specific rule
692
Assessment according to benefits under general statutes
693
Remonstrance by property owners
694
Other assessment districts and descriptions
695
Remonstrance further considered
696
Assessments for cleaning sprinkling and sweepingremoval of snow and
697
Order for improvementordinance or resolution
698
Passage or amendment of ordinance subsequent to improvement
699
Ordinance must definitely provide for the improvement
700
Description of improvementdelegation of authority
701
Waiver of noticewho may complain of failure to give
702
Ordinances held insufficient as to description
703
Assessments for improving parks and other public grounds
704
Assessment where railroad or turnpike company has easement in street
705
Personal liabilitynone unless imposed by statute
706
Personal liabilityattempt to impose it by statute
707
Validity of assessment which conforms to statute
708
Assessment of property not subject to sale
709
Patented process
710
Review of cases as to patented articles and monopolies
711
Artificial and unnecessary monopoly
712
Provisions in regard to labor
713
Effect of contract with street railway company to improve
714
What expenses may be included in the assessment
715
What part of the improvementquestion of law or fact
716
Plans and specifications
717
Improvement by property owners
718
Discretion of highway officerspresumption of duty performed
719
Where presumption applies
720
Power to improve beyond municipal limitsjurisdiction of authorities other than municipal authorities over highways in municipal limits
721
Other matters 628 1 Delaydiscontinuance and abandonment
722
The contract for the improvement
723
CHAPTER XXVI
724
Duty to award contract to lowest or best biddermere proposal not a contract
725
Contract must be made as statute requires
726
Changes in work and extension of time
727
Acceptance of work
728
Fraud may vitiate the assessment
729
Supplying omissions and correcting mistakes
730
Competitive bidding
731
Extent of doctrine of estoppel
732
Estoppel where property owner induces proceedings
733
When no estoppel
734
Advertising and giving notice
735
Other far reaching applications of the doctrine of estoppel
736
Cases in which it was held that there was no estoppel
737
Legislature may provide what questions may be tried
738
How bids should be made and receivedform and substance 635 Deposits guaranteeing good faith
739
Estimate or report
740
Lowest and best bidder
741
Acceptance and rejection of bids
742
Description of property in assessment
743
Rights of lowest bidder
744
Amendment of assessment
745
Confirmation and review
746
The contract
747
Contract must conform to statute ordinance and proposal
748
Lien of assessment
749
Legislative control over lien
750
Single contract for more than one improvement
751
Separate contracts for parts of one improvement
752
Construction of contracts
753
Assignment of contract
754
Modification and rescission
755
Issuance of tax bills or certificates
756
Application for judgment of sale
757
Collection by scire facias
758
Enforcement by action or suit to foreclose
759
Foreclosure suitscomplaint or petition
760
Contractors bonds 646 1 Actions on contractors bondsrights and liabilities of sureties
761
Suits to forecloseevidence
762
Judgment and its enforcementrailroad property 763 1 Judgment on foreclosure may bind all interests and subject entire prop erty to sale
763
The sale
764
Assessment not a general claimliability of municipality
765
Guaranty of work
766
Defenseburden of proof
767
Unforeseen difficultieshardshiprelief from bid or contract
768
Time limitationpenalty for delay
769
Injunctiongenerally
770
Injunctionwhen it will lietender
771
Delay caused by city or court
772
Extension of time
773
Extra work
774
Injunction by taxpayers 775 1 Refund or recovery of money paid
775
Legislative validation of defective assessmentscurative statutes
776
Authority to provide for extra workexpress and implied contracts 654 Control inspection and approval of workofficial certificate
777
matters
778
Acceptance of work 655 Partial performancecompletion of work by city or others
779
Change of basis of assessmentexecuted consideration
780
Rights of contractor prevented from completing work
781
Right of contractor to recover from citymandamus
782
Reassessmentinvalidity of original assessment
783
Street improvement bonds and warrantsmunicipal indebtedness
784
Nature and effect of reassessment
785
Effect of payment of original assessment
786
Further of improvement bonds and warrants and municipal indebtedness 660 Improvement bondsrights and remedies
787
Duty to keep highway in repairliability of counties townships and road districts 788 1 State aid roadsliability of highway commission 788 2 Duty to k...
788
Want of funds no defensepositive acts of negligence
789
Liability to third person
790
Illustrative cases of liability for injuries caused by holes and the like
791
Illustrative cases of liability for injuries caused by obstructions
792
Cities not insurerslimits of dutyrunaway horses
793
Objects frightening horses
794
Liability for injury where negligence of city concurs with other causes
795
Excavations and barriers
796
Basement areas
797
Steps and stairways
798
Falling objects
799
Width of way which must be kept in repair
800
When responsibility of city begins and over what ways it extends
801
Failure to light streets
802
Precautions where highway is being repairedcontinuance of obligation to keep in repair
803
Snow and
804
Miscellaneous cases of defectsremoval of safeguards by third persons
805
Notice of defectsconstructive notice
806
Notice in case of latent defects
807
Matters of which municipality must take notice
808
Evidence of notice Actual notice
810
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Stranica 148 - Certainly, as every one knows, lots with convenient cross streets are of more value than those without, and it is fair to presume that the original owner would not have donated land for public ways unless it gave value to the lots. So, too, it is just to presume that the purchasers paid the added value, and the donor ought not, therefore, to be permitted to take it from them by revoking part of his dedication.
Stranica 275 - When by the construction of works there is a physical interference with any right, public or private, which the owners or occupiers of property are by law entitled to make use of, in connection with such property, and which...
Stranica 147 - It is not only those who buy land or lots abutting on a street or road laid out on a map or plat that have a right to Insist upon the opening of...
Stranica 161 - ... which have been acted upon by others, are conclusive against the party making them, in all cases between him and the person whose conduct he has thus influenced. It Is of no importance whether they were made in express language to the person himself, or implied from the open and general conduct of the party; for in the latter case the implied declaration may be considered as addressed to every one in particular who may have occasion to act upon it. In such cases the party is estopped, on grounds...
Stranica 38 - From these premises, the conclusion appears to be inevitable that, although Congress may, if it sees fit and as it has often done, recognize and approve bridges erected by authority of two States across navigable waters between them, it may, at its discretion, use its sovereign powers directly or through a corporation created for that object, to construct bridges for the accommodation of interstate commerce by land, as it undoubtedly may to improve the navigation of rivers for the convenience of...
Stranica 305 - States, or to deprive any person of life, liberty or property without due process of law, or to deny to any person within its jurisdiction the equal protection of the laws...
Stranica 47 - We do not wish to be understood as saying that, in the absence of Congressional legislation or mutual legislation of the two States, the company has the right to fix tolls at its own discretion. There is always an implied understanding with reference to these structures that the charges shall be reasonable, and the question of reasonableness must be settled as other questions of a judicial nature are settled, by the evidence in the particular case.
Stranica 26 - bridge,' in its common-law meaning, the sense employed by the statute, denotes a structure erected over a river, creek, pond, lake, or stream of water flowing in a channel, between banks more or less defined, although such channel may be occasionally dry, in order to facilitate public passage over the same.
Stranica 243 - The eminent domain is the rightful authority which exists in every sovereignty to control and regulate those rights of a public nature which pertain to its citizens in common, and to appropriate and control individual property for the public benefit, as the public safety, necessity, convenience and welfare may demand.
Stranica 275 - 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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