Legal Definition and Related Resources of Railroad, Railway

A road constructed of crossties on which iron rails are placed and dedicated to public use under the general law regulating public highways. See Beasley v Aberdeen and R.R. Co., 59 S.E. 60, 145 N.C. 272. When spoken of as a public highway , the term refers to the immovable structure stretching across the country, graded and railed for the use of the locomotive, and its train or cars. See Lake Superior and M. R. Co. v U.S., 93 U.S. 442, 23 L.Ed. 965. The term denotes something more than bare land upon which rails, at some future indefinite date, may be laid; it means that rails must be in place for transportation of passengers or freight . See state Road commission v Penndel Co., 129 S.E.2d 133, 147 W. Va. 505. Sometimes the term is used as synonymous with a railroad corporation whose operating property is devoted to the public service of transportation over lines and terminals having fixed locations, and whose operating personal property is fixed in location and is used in connection with and upon its lines and terminals. See Northern Pac. Ry. Co. v State, 147 P. 45, 84 Wash. 510. 11 U.S.C. §101(33) defines the term as follows: common carrier by railroad engaged in the transportation of individuals or property or owner of trackage facilities leased by such a common carrier .

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Railroad, Railway in Historical Law

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