53 N. Y. 416; 17 Am. Rep. 258; Hay v. Cohoes Co. 2 N. Y. 159; 51 Am. Dec. 273; Tremain v. Cohoes Co. 2 N. Y. 163; 51 Am. Dec. 184; Carmen v. Indiana etc. R. R. Co. 4 Ohio St. 399.

6 Vide supra, § 826.

7 Sabin v. Vermont Central R. R. Co. 23 Vt. 363; Dodge v. County Comm'rs of Essex, 3 Met. 380; Brown v. Providence etc. R. R. Co. 5 Gray, 35; Whitehouse v. Androscoggin R. R. Co. 52 Me. 208; Tibbetts v. Knox etc. R. R. Co. 62 Me. 437; Eaton v. European etc. R. R. Co. 59 Me. 52); 8 Am. Rep. 430.

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§ 852. Laches-Limitations.—If the owner of land wrongfully taken by a railway company make no objection to its appropriation until after the location and construction of the road, he cannot maintain ejectment, nor obtain an injunction restraining the further operation of the road," nor maintain trespass for the wrongful taking, nor recover exemplary damages. After such acquiescence on his part, he can recover only the fair market value of the land." His right to this is not lust by mere acquiescence in the location and construction of the road. It may be barred, however, by a statute of limitations. Statutes imposing reasonable limitations upon the time for bringing actions for the recovery of compensation for the taking of private property, are held not to be in contravention of the constitutional guaranty that compensation shall be made in such cases. a requirement in the charter of a railway company, that all claims for damages for land appropriated by the company must be made within a certain time, operates as a positive statute of limitations, so as to bar all claims not made within the prescribed time, when the parties are sui juris.

1 Louisville etc. R. R. Co. v. Soltweddle (1889), 116 Ind. 257.

And

2 Spencer v. Falls Turnpike Co. Md. 19 Md. Law J. 950. Abbott v New York etc. R. R. Co. 145 Mass. 450; Milwaukee & N. R. R. Co. v. Strange, 63 Wis. 178.

BEACH ON RAILWAYS-91

3 Milwaukee & N. R. R. Co. v. Strange, 63 Wis. 178.

4 Baltimore etc. R. R. Co. v. Boyd, 67 Md. 32.

5 Milwaukee & N. R. R. Co. v. Strange, 63 Wis. 178. Cf. Baltimore etc. R. R. Co v. Boyd, 67 Md. 32.

6 A'len v. Wabash & St. L. R'y Co. 84 Mo. 646; Thornton v. Sheffield etc. R. R. Co. 81 Ala. 109. Cf. Chicago etc. R. R. Co. v. Estes, 72 Iowa, 235; Cincinnati etc. R. R. Co. v. Clifford, 113 Ind. 460; Campbell v. Indianopolis R. R. Co 110 Ind. 409.

7 Rexford v. Knight, 11 N. Y. 308; Carolina Central R. R. Co. v. McCaskill, 94 N. C. 745; Taylor v. Marcy, 25 Ill. 518; Harper v. Richardson, 22 Cal. 251; Cupp v. Comm'rs of Seneca, 19 Ohio St. 173; Simms v. Memphis etc. R. R. Co. 12 Heisk. (Tenn.) 621, 623; Cooley on Constitutional Limitations, 501; Reckner v. Warner, 22 Ohio St. 275; Shearer v. Comm'rs of Douglas County, 13 Kan. 145. Cf. Hendrick v. Carolina Central R. R. Co. 101 N. C. 617.

8 Carolina Central R. R. Co. v. McCaskill, 94 N. C. 746

PART IV.

THE RAILWAY AS A COMMON CARRIER.

CHAPTER XXXIII.

CARRIERS OF PASSENGERS.

§ 853. Common carriers defined.

§854. Of the obligation to receive and carry-Exceptions! § 855. Of discrimination against individuals.

§ 856. How the relation of carrier and passenger arises.

8857. Whether persons on freight trains, locomotives, etc., are pas

sengers,

§ 858. Whether persons upon trains for special purposes are passengers, § 859. When the relation of carrier and passenger arises and terminates. § 860. The passenger's obligations-Observance of rules and regulations. § 861. The same subject, continued-Passengers upon freight trains. § 862. Of the obligation to warn passengers of danger and supply necessary information.

$863. Of the obligation to furnish seats.

§ 864. Of the obligation to treat the sick and infirm humanely.

§ 865. Of the obligation to carry upon schedule time.

§ 866. Of the obligation to allow time for boarding and alighting.

§ 867. Of the obligation to carry to destination.

$88. The same subject, continued-Express trains and local travel.

853. Common carriers defined.-Natural persons or corporations engaged in the business of transporting passengers or freight over railways operated by them, are common carriers, and as such are entitled to the rights and subject to the liabilities which pertain by law to persons engaged in a like public employment. For a common carrier is one who undertakes, for hire or reward, to transport the persons or goods of such as choose to employ him, from place to place." Mr. Hutchinson defines a common or public carrier to be one, "who undertakes as a business, for hire or reward, to carry

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