Railroads And American Law

No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.—Poor's Manual of Railroads (1900) At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions-the railroad and American law-had a profound influence on each other. Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies. As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike-situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail. Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.

Through courtroom dramas from 1865 to 1920 - of men forced to jump from moving cars when trainmen refused to stop, of women emotionally wrecked from the trauma of nearly missing a platform or street, and women barred from first class ladies' cars because of the color of their skin - Barbara Welke offers a dramatic reconsideration of the critical role railroads, and streetcars, played in transforming the conditions of individual liberty at the dawn of the twentieth century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the dangers of modern life. Gender and race become central to the transformation charted here, as much as the forces of corporate power, modern technology and urban space.

The Shelf2Life Trains & Railroads Collection provides a unique opportunity for researchers and railroad enthusiasts to easily access and explore pre-1923 titles focusing on the history, culture and experience of railroading. From the revolution of the steam engine to the thrill of early travel by rail, railroads opened up new opportunities for commerce, American westward expansion and travel. These books provide a unique view of the impact of this type of transportation on our urban and rural societies and cultures, while allowing the reader to share the experience of early railroading in a new and unique way. The Trains & Railroads Collection offers a valuable perspective on this important and fascinating aspect of modern industrialization.

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Excerpt from American Railroad Law This book was begun in 1884. The author had then been for twenty years in the active practice of the legal profession, and continued in it for some time afterwards. In his earlier years at the bar he was more often engaged in suing than in defending railroad companies; in the later years more in counselling and defending them than in suing them. Since 1876, also, he has taught Railroad Law, at some length, to the third-year class in the Yale Law School. He has therefore studied the subject enough to have some appreciation of its difficulties. Part of these, it has seemed to him, have been due to the inclusion in treatises upon it of much that is not peculiar to railroads. His attempt has been to limit his work to what is peculiar to them, so far as this was possible without sacrifice of order or danger of obscurity. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.