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" Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only. "
The New York Supplement - Page 507
1920
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A Treatise on the Rights and Privileges Guaranteed by the Fourteenth ...

Henry Brannon - Constitutional amendments - 1901 - 562 pages
...Fourteenth Amendment. Lord Hale, more than two hundred years ago, said that when private property was "affected with a public interest, it ceases to be juris privati only." See his treatise, De Portibus Maris, 1 Hargrave's Law Tracts, 78. In his treatise, De Jure Maris, 1...
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A Treatise on the Law of Private Corporations

Henry Osborn Taylor - Corporation law - 1902 - 969 pages
...is from the opinion of the majority of the court by Chief Justice Waite, in Murm v. Illinois : ' " Looking then to the common law from whence came the...'affected with a public interest it ceases to be juris privait only.' This was said by Lord Chief Justice Hale more than two hundred years ago in his Treatise...
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The Coal Mines and the Public: A Popular Statement of the Legal Aspects of ...

Heman White Chaplin - Anthracite Coal Strike, Pa., 1902 - 1902 - 63 pages
...the doctrine of public right in private property. " Looking then to the ' Common Law,' " they say, " from whence came the right which the Constitution...a public interest, it ceases to be juris privati, [the subject of mere private rights] only.' This was said by Lord Chief Justice Hale more than two...
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American Railway Transportation

Emory Richard Johnson - Railroads - 1904 - 434 pages
...from a corporation upon which no public duties are imposed. . . . The doctrine of Chief-Justice Hale, that ' when private property is affected with a public interest it ceases to be juris privati only,' applies to a railroad corporation. It is not to be understood, however, from the fact that the property...
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The American Law Register, Volume 51

Law - 1904
...in our Supreme Court,41 that Lord Hale, more than two hundred yean before, had settled the principle that "when private property is 'affected with a public interest, it ceases to be juris privati only.' " In other words, when property is dedicated to the use of the public, the public has an interest in...
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Selected Cases on the Law of Bailments and Carriers: Including the Quasi ...

Edwin Charles Goddard - Bailments - 1904 - 742 pages
...rent. But though this be private property, yet the principle laid down by Lord Hale attaches upon it, that when private property is affected with a public interest it ceases to be juris privati only; and, in case of its dedication to such a purpose as this, the owners canot take arbitrary and excessive...
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Handbook of the Law of Public Corporations

Henry Hulbert Ingersoll - Corporation law - 1904 - 738 pages
..."Granger Cases," in which was maintained and enlarged the old legal doctrine enunciated by Lord Hale, that, "when private property is affected with a public interest, it ceases to be juris privati only." 1 Harg. Law Tracts, 78. It has also been applied to water companies, Spring Valley Waterworks v. Schottler,...
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American Railroad Rates

Walter Chadwick Noyes - 1905
...was an early rule of the common law. Lord Chief Justice Hale, more than two hundred years ago, said that when private property " is affected with a public interest it ceases to be juris pri<vati only." Under this rule it has been customary in England from time immemorial, and in this country since its...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1906
...regulation rests, in order that we may determine what is within and what is without its operative effect. Looking, then, to the common law, from whence came...This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise De Portibus Maris, 1 Hard. Law Tracts, 78, and has been accepted...
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The Power to Regulate Corporations and Commerce: A Discussion of the ...

Frank Hendrick - Antitrust law - 1906 - 516 pages
...regulation rests, in order that we may determine what is within and what without its operative effect. Looking, then, to the common law, from whence came...This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise De Portibus Maris (1 Harg. Law Tracts, 78), and has been accepted...
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