II.

INJURY TO REAL ESTATE.

7. Damages for Use of Highways. Gas-Pipes.—"So far as the laying of gas-pipes and street railways is incidental or similar to the use of land for highway, owners of land could claim no damages therefor. So far as either must be considered as a new and distinct use of the soil, not contemplated when owners of lots on either side of highway acquired their titles, there is no more reason for inferring an intention in the General Court or the town to reserve such a use, than if land had been taken for a highway after these possessions had been granted." GRAY J. in

Boston v. Richardson, 13 Allen, 160.

8. Injury from laying Gas-Pipes in Highway. - Depreciation of Value of Farm. Injury to Vegetation. In proceedings before a commission to estimate damages sustained by the owner of a highway from the laying of gas-pipes through the same, evidence of the cost of sinking a drain in the land, and of keeping it in repair, to a greater depth than a drain then in existence, was held to be admissible and competent, and evidence was also admitted as to the amount of depreciation of the farm land caused by laying gas-pipes therein; and it was further held that questions upon cross-examination with respect to the effect of escaping gas upon vegetation were competent.

Bloomfield & Rochester Natural Gas-Light Co. v. Calkins, 1 N. Y. Supreme, T. & C. 549.

9. Depreciation of Value of Land. Stopping a Rifle Range. Statute. - In proceedings under act 8 Vict. c. 18, to assess compensation for the taking of land of the plaintiffs, and for injuriously affecting other land, the plaintiffs, who were a volunteer rifle corps, claimed damages under the second head for the stoppage of a rifle range. It appeared that they had leases of several pieces of land, and of another portion behind their rifle butts they had only a verbal agreement with the owner, which was terminable by either party on giving proper notice, and which

was a necessary part of their rifle range. The defendants took land for a road which made the use of this latter lot impossible as a rifle range, and it was abandoned by the plaintiffs; and it was held that the plaintiffs were entitled to damages for the stoppage of their range, and that their precarious title to the land only affected the amount of compensation.

Holt v. Gas-Light & Coke Co., L. R. 7 Q. B. 728.

Real Estate.

Fall of Chimney.

10. Indemnity. The owner of a building, who has paid to the party injured by the fall of a chimney the damages caused thereby, may recover the amount paid by him from a gas company which without the owner's consent has affixed for use in its business a telegraph wire to the said chimney, which made it unsafe and finally caused it to fall upon a passer-by.

Gray v. Boston Gas-Light Co., 114 Mass. 149 (1873).

See TRESPASS; MANDAMUS, 3.

III.

SPECIAL DAMAGES.

-

11. Internal Injury. Shock to Nervous System by Explosion. - Contractor. The plaintiff's husband was passing through a street in which a terrific gas explosion occurred, and, although not externally injured, some hours after was seized with black vomit, and went raging mad, and died in about four months, frequently raving about explosions. The defendant was a contractor for paving and repairing the road, and by the negligence of some of his workmen the gas-pipes were injured and gas escaped. He contended that he was not liable for an injury of this kind, but it was held that the question of injury was for the jury, and that the plaintiff might have a good cause of action, though there was no appearance of external injury; and the jury found a verdict for the plaintiff.

Fellwood v. Pearson, 23 Gas J. 248.

See AGENCY, 1, 2.

For Damages in Cases of Contract, see CONTRACT, 8, 20, 23; CONTRACTOR, 2, 3, 4; NAVIGABLE WATER, 1, 2.

In Cases of Nuisance, see NUISANCE.

For Refusal to supply Gas, see SUPPLY OF GAS.

DANGER OF EXPLOSION.

Not Cause for Injunction. See NUISANCE, 21; NEGLIGENCE, II.

DANGEROUS ARTICLE.

See AGENCY, 3; DUTY OF GAS COMPANIES.

DEBENTURES.

See DEBTS, 1.

DEBT.

Action of Debt.

De

Maintainable against Gas Company. murrer. — Where an act of Parliament for incorporating a gaslight company enacted that all the costs of obtaining the act should be paid and discharged out of the moneys described in preference to all other payments, it was held that the attorneys who obtained the act might maintain an action of debt against the gas company, founded upon the statute, for their costs.

The declaration contained other counts stating that the defendants were indebted to the plaintiffs for work and labor, and it was held upon general demurrer that, even assuming that a corporation could not contract but by deed, the omission to set out a deed was a mere matter of form, and therefore ground for special demurrer only.

Tilson v. Warwick Gas-Light Co., 4 Barn. & Cr. 962 (1825).

1. Debentures.

DEBTS.

Uncalled Capital.

Preference. - A gas company, incorporated with a nominal capital of £250,000, had issued debentures charged on all the property and effects of the company, of what nature or kind soever, which the company should then hold or be possessed of, such charge to rank equally with

other securities of the like kind issued by the company. The company being wound up by order of the court, it was held that the debenture holders were entitled to be paid before other creditors out of the calls made or to be made.

In re Colonial & General Gas Co. Limited, 19 W. R. 341; 23 Law T. R. N. S. 759; 20 Gas J. 10 (STUART V. C. 1870).

2. Right to Borrow.

Mortgage. - Ultra Vires. A corporation organized under a general incorporation act, which declares that persons organizing gas companies shall have the same general corporate powers as are provided by § 3 of the act, which section gives corporations the right to make contracts for the purpose of manufacturing and supplying gas to the inhabitants of a city or village, may borrow money and secure the payment of the same by note and a mortgage, when this is done solely to carry forward its business of manufacturing and selling gas; and it cannot set up as a defence to its own mortgage notes the plea that it had transcended the limits of the powers granted by its charter in executing such mortgage.

Hays v. Galion Gas-Light & Coal Co., 29 Ohio St. 330 (1876).

See BONDS, 1, 2; TAXATION, 7.

DEFENCES.

See EVIDENCE; MUNICIPALITY, 9; NUISANCE, V.; PATENT, 3; STOCK OF GAS COMPANIES, 2, 3, 6, 7, 8, 9.

DEMURRER.

See DEBT; DIVIDEND, 1; MUNICIPALITY, 8; SUPPLY OF GAS, 8; FRAUDULENT Taking, 1.

ture authorizing nine men and their associates to erect and manage

gas-works, did not create a corporation, but only authorized the formation of one. Such a corporation can only be constituted by persons voluntarily associating together and contributing funds for a given purpose." It appeared that these nine persons met, and six of them subscribed for the whole stock, and then elected officers, but no directors. Later, four of the nine met (as directors) and adopted by-laws. The president then resigned, and a new man was elected director in his place; and then the directors and all the corporators assigned their stock to new men, and resigned and adjourned sine die. This left all the stock in the hands of three new men. These three assigned a little stock to two others, and they then met and elected themselves directors; and they then assigned all their stock to the company, and then opened books for subscriptions of stock. They then made a contract for land and building of works. There were some bona fide subscribers of stock after this date, and it was held that this organization was invalid and illegal, and on a bill in equity the court ordered an account from the directors.

Fletcher v. Titusville Gas & Water Co., 8 Philadelphia, 559 (1871).

-Where a meet

2. Quorum. -Agency. - Power of President. ing of the president and two directors of a gas company was called informally to give sanction to the action of the company's counsel in compromising a controversy then on trial, and no notice of such meeting was given, and one of the directors was intentionally not notified, and the meeting was held at an unusual place, and a resolution approving of the compromise was prepared and was afterwards submitted and formally adopted by the board of directors on the same day, the director not notified being present, it was held that this was not a valid act of the board, as it consisted of a president and five directors, and a quorum was not present and voting, and was not a lawful meeting of the board for want of notice, and that the president, as such, had no authority to approve such a contract. Fisher v. Harrisburg Gas Co., 1 Pennsylvania (Pearson), 118 (C. C. P. 1857).

3. Security to Director. Undue Preference. Equity. - A security given by an insolvent company for payment of a debt