Railway
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RAILWAY. A road made with iron rails or other suitable materials.
2. Railways are to be constructed and used as directed by the
legislative acts creating them.
3. In general, a railroad company may take lands for the purpose of
making a road when authorized by the charter, by paying a just value for the
same. 8 S. & M. 649.
4. For most purposes a railroad is a public highway, but it may be the
subject of private property, and it has been held that it may be sold as
such, unless the sale be forbidden by the legislature; not the franchise,
but the land constituting the road. 5 Iredell, 297. In. general, however,
the public can only have a right of way for it is not essential that the
public should enjoy the land itself, namely, its treasures, minerals, and
the like, as these would add nothing to the convenience of the public.
5. Railroad companies, like all other principals, are liable for the
acts of their agents, while in their employ, but they can not be made
responsible for accidents which could not be avoided. 2 Iredell, 234; 2
McMullan, 403.