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American Legal History
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Eaton v. Boston, Concord & Montreal Rail Road Company (B, C & M. R.R.): The Judicial Ideology of the New Hampshire Supreme Court & The American Railroad.
QUESTIONS:
What was the BCM railroad being laid for?
(a) was it purely for commercial reasons?
(b) did the track have potential to help NH?
(c) if it didn't, did the NHSC know this?
(d) was their decision based on the knowledge of this / Absence of
(2)Did the NH S.C. know of the intended purpose for the laying of said track?
(3)Did Eaton know the intended purpose of the laying of said track?
(4)How many other portions of private property did BCM take?
(a) That is to say, what was Eaton to BCM?
(b) Did he stand in their way?
OR was he just--->one of many?
(5) How many Rail Road companies existed in the United States from 1862 to 1872?
(6) Where did BCM stand in these rankings?
(7) What role did BCM play in the development of the American Railway?
(8) In what city was BCM based in?
(a) did this have to do with the relationship of the NHSC in its decision?
(9) What was the gross revenue of BCM in 1872?
(a) when was BCM founded?
(b) who founded BCM?
(c) under what circumstances was BCM founded in?
(d) Where was BCM founded?
(e) What became of BCM in the future?
(i) is BCM still around?
(10) Why was Eaton's land so important to BCM?
(11) Was there an alternative to laying track on his land?
(12) What was the purpose of laying track over Eaton's land?
http://www.weirsbeach.com/Largejpgs/bcmrrmap1880.html
SOURCES
Ely, James, W. Railroads and American law (University Press of Kansas, 2001) (last accessed December 20, 2012).
Epstein, Richard. Takings: Private Property and Eminent Domain (Harvard University Press 1985) (last accessed December 26, 2012). Horwitz, Morton. The Transformation of American Law (Oxford University Press 1977). Horwitz, Morton. The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy (Oxford University Press 1992) U.S. Census Bureau, Statistical Abstract of the United States: 1899 (22nd Edition) Washington, DC, 2011; <http://www2.census.gov/prod2/statcomp/documents/1899-01.pdf> U.S. Census Bureau, Statistical Abstract of the United States: 1878 (1st Edition) Washington, DC, 2011; <http://www2.census.gov/prod2/statcomp/documents/1878-01.pdf> Eaton v. Boston, C. & M.R.R., 51 N.H. 504 (1872)
Keywords:Eaton v. B, C & M. R.R., Eminent Domain, strict liability, New Hampshire Supreme Court -- StephanDalal - 20 Nov 2012 |
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