A Treatise on the Law of Telegraph and Telephone Companies: Including Electric Law

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Vernon Law Book Company, 1916 - 1065 sider
 

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Same continuedreasons as compared to improvements on other cor porations
10
Same continuedunder statutes
11
Same continuedconstruction of statutes
12
Same continuedillustrated
13
Same continued
14
Same continued 21 Same continuedwhen applied
15
When different rule obtainsintent of lawmakers
17
CHAPTER II
19
As to common carriersin general
25
Commonlaw theories
26
Same continueddecision criticized 28 Commonlaw theory continueddistinction between these and common carriersreasons
27
Commonlaw theory continuedanalogy to common carriers of goods
29
Commonlaw theory continueddegree of care
30
Commonlaw theory continuedbailees for hireanalogy
31
Commonlaw theory continuedquasicommon carrier of news
32
Common carriers continuedlaw applicable to both telegraph and telephone companies 34 Statutory theory
33
Common carriers in absence of statute are notreason
35
Reasonableness of statutesmaking them common carriers 37 Statutes superior to any agreement 38 Binding in foreign statesrelation to commerce
36
Alarm systemmessenger service 40 Telephone for private business
37
CHAPTER III
39
License not a franchiseacceptance ofa contract
42
Alienability of franchiseprimary
45
Same continuedsecondary
48
Same continuedleases
49
Legislature may authorize sale or lease
50
Action
51
Contracts and combinations
52
CHAPTER IV
55
Same continuedwhat is granted
59
Statutes defining what are post roads etc 58 Must comply with conditionscharacter
60
Scope and effect of actstatute permissive only
61
Same continuedexception to powerpolice regulations
63
Does not interfere with right to compensation
64
Same continuedreason of rule
65
Same continuedalong railroadscompensation when allowed to owner of
66
Same continuedmust obtain consent or condemn
68
Same continuedright acquired by agreement
69
Same continuedexclusive usecannot be acquired 69 Condemnation proceedings must be under state statutes
70
Companies not subject to
71
Subsidized acts 72 State grantsdistinguished from federal grants
72
On railroad
73
Same continuedconditions not to interfere with running trains 75 Same continuedaward
74
Canalunder same statutes
75
The term highway embraces city streets
76
Condition of grantee 79 Municipal grantsright tohow acquired
77
Duties and rights of municipality under
78
Same continuedunconditional statutes
80
Must obtain consent of municipality
81
Compensation to municipalityiharge must be reasonable
83
Termination of franchise to occupy streets
84
Grants to electric companiesmunicipal ownershipliability
85
85a Use of force to set or remove poles on land
87
CHAPTER V
89
Samecannot exclude under guise of regulation
94
Sameelectrical companies 92 Removal or change of location of line
96
and passengers
98
Sameexisting lines removable to conduits without impairment of contract
99
Sameindependent companies may construct conduits
101
Additional servitudein general
103
Taking of property for public usewhat
104
When dedicated for street purposesnot an imposition 101 The different uses to which streets and highways may be
106
Cases holding not entitled to compensation
107
Same continuedexpensiveness of easement 104 Same continuednew use of the easement
108
Same continuedupholding sameon highways same rule
110
The ground upon which these cases are sustained
112
Jones Tel 2d Ed iv
113
Contrary viewadditional servitudeso held
114
Same continuedwhat rights included in an easement
115
When fee in abutting ownermeaning of taking property of another under constitution
116
Same continuedabutters interest in soilto what use he may put
117
Same continuedadditional use of easement is for quasipublic and not for public
118
Same continuedeasement put to different use than that for which it was originally acquired
119
When the fee is in the publicnot entitled to compensation 115 The distinctiontest whether fee is in abutter or public 116 Same continuedwhen fee in t...
121
When title or fee is in third partyeffect of as to compensation 118 Effect of legislative grantnot a nuisance 119 Amount of compensation to abutter
124
1U0 Damages to abutting ownersamount
125
Remedies of adjoining lot ownerwhen a nuisance
126
Same continuedignorance of rights 123 Same continuedaction for damages
128
Further consideredunauthorized use of streetmay be enjoined
129
Wlien poles and wires of an electric light company an additional burden
130
Liabilities for cutting trees overhanging sidewalks
131
Same continuedpunitory damages
134
Willful intentquestion for jury 129 Trees on the sidewalk
135
CHAPTER VI
138
366
140
Same continuedname of petitionerswho may
144
Same continuedname of landownerstheir residence and interest in landsseveral tracts or interests
145
Same continueddescription of route
146
Same continueddescription of poles 138 Same continuednoticeappointment of commissioners
147
Same continuedsworn to by officers 140 Same continuedfailure to acquire land by agreement with land owner 141 The interest acquired
148
Measure of damages
150
Sameelectric companies
151
Samewireless telegraph companies
152
CHAPTER VII
153
Subsequent purchaser may recover 148 When for benefit to railroad
156
Same continuedno additional burden
157
Same continuedmust be in good faith
158
Same continuednot taxable 152 Railroad companies to be compensated
159
Right tomust first be acquired
160
Interest acquired by telegraph companies
161
By condemnation
162
Exception to rule
171
Same continuedcannot be defeated by claiming it should be on other lands
174
Foreign telegraph telephone or electric companiesright to condemn
175
Same continuedconsolidation or leaseagency
176
Must be in good faith
177
What portion of right of way may be taken
178
Contract arrangements between companieswhen revokable 163 Effect of foreclosure of railroadexpiration of contract
180
Exclusive right cannot give
181
Contract with railroad company to that effect
182
State legislationno exclusive grant
184
Same continuedcontra viewlines on same poles 168 Nature of petition
185
Same continuednecessity for taking
186
May condemn land in several counties in one proceeding
187
Same continuedconstitutional
188
By whom assessments are madequalifications
189
Duty of commissioners
190
Jurisdiction of federal court 175 The award of commissioners
191
May have new award
192
The measure of damagesextent of injury
193
Same continuedexpense incurredno reason 179 Same continuedmeasurementtrue rule
194
On public roads or highways
196
Crossing railroad tracks
198
Line on turnpike 183 Same rule applied to telephone companies
199
Electric light companies may condemncompensation
200
CHAPTER VIII
202
Obstruction and interference no distinction between
205
Degree of care required
206
Protection of cable under treaty
207
Landing cablestate and federal authority
208
192a Canals dams etc rights
209
CHAPTER IX
211
Same continuedinjury on highways
212
Same continuedabandonment no defense
216
Poles improperly constructed
218
196a Destruction of property by lightning
222
Same continuedstrength and stability of poles
224
19S Duty to provide safeguards on premises for patronsres ipsa loquitur applicable
225
19Sa Brush discharge 198b Not insurersdegree of care
230
Fallen linesduty to restore
233
Insulation of wiresinspection of line
238
200a Duty to guard against danger to children
247
Parallel and intersecting wires
249
Duty to place guards over wires
254
Iluty and liability of railway companies
257
Same continuedcrossing highways and railroads
259
Negligence basis of action 206 Negligence what constitutesduty to perform
261
Same continuedfailure to perform dutypresumption of negligence
263
Same continuedan injury sustainedproximate cause
266
Evidence of negligence
268
Contributory and imputed negligence
272
Injuries to servantsunder common
276
Must furnish suitable appliances and safe place to work
283
Fellow servant doctrinewhere vice principal not invoived
285
Samewhere vice principal is invoived
286
Sameemployes in control of current
287
Under employers liability act 217 Joint liability of companiessettlement
289
Duty and liability to trespassers and licensees
290
What companies liable for negligencevendor vendee
293
Injuries to or interference with companies
294
Sameinductionconduction
295
221a Inductive electricitymeaning ofeffect
298
221b Same continuedactionscauseB thereof 221c Same continuedreasons for injunction 221d Same continueddistinction between induction and cond...
301
221f Same continuedpriority of timeconduction
302
221g Same continuedcauses of interferenceelectrolysiseffect
303
CHAPTER X
307
State control
310
State may control the construction
311
Same continuedtaxing power
312
Same continuedpenalty for delay in delivering messages 229 Same continuedthe Pendleton Casewhat embraced
314
Same continuedmust fall within meaning of statute 231 Same continuedoffices establishedmust keep open
315
Same continuedother regulations
316
Same continuedlimitationimpairment of contract
317
Regulate charges
318
Same continuedconstitutionality of statutes
319
Statute rates must be reasonable
322
As to interstate messagescannot fix maximum charges
323
Must furnish services notwithstanding charges 241 Municipal control
325
Powers limitedgenerally specified
326
Power to revoke franchisealter rates
327
Cannot impose tax or licensenot police power
328
Cannot regulate ratewithout express authority
331
State may delegate power to commission 247 Control of wireless telegraph
334
CHAPTER XI
336
Must have sufficient facilities
338
Must transmit in order in which received
339
Cannot discriminate
341
Same continueddiscriminationmust be just
343
Same continuedreasonable discrimination 254 Reasonableness of rateshow determined
346
Statutesdeclaratory of common law 256 Duties peculiarly applicable to the telephone
348
Charges for use of telephone
352
Whom to servepersons conducting legal business
355
When may refuse to furnish servicesabusive language
356
Same continuedon refusal to pay charges or rent in arrears charges for removing instrumentother reasons
357
Connections with extension systems privately owned
360
Same continuedother corporationstelegraph companies 263 Same continuedrival companies
362
Being lessees of patentsno excuse
365
Lessees ground for refusal
366
Private unincorporated companies 267 Electric companiesdiscrimination
367
Remedies
372
Measure of damages
375
269a May recover overcharge 269b Penalty for failure to furnish current
377
269c Excuses for not rendering services
378
CHAPTER XII
380
Transmission of messagesduties in general 271 Duty of telegraph companies to transmitarises not on contract alone
381
Same continuedfurther dutiesto accept and deliverin general
382
Same continuedsuch as would subject to action of tort
385
Same continuedlines downother reasons
386
Must be properly tenderedin writing
387
Same continuedmust be on companys blank
388
Delivery to messenger boynot delivery to company
389
Same continuedprepayment of charges before accepting 280 Same continuedfailure to receivedamagesfunctions
391
Transmit without delay
392
Must transmit without error
398
Samedegree of care in transmission
400
Liability under statutesall mistakes
402
Same continueddamagesactualerrors in transmission 288 Duty to deliveraddresseein general
404
Excuse for nondelivery
406
Same continuednot excused
407
Duty to inform sender of nondelivery
408
To whom madedelivery
410
Delivery to wife
411
Delivery to hotel clerknot sufficient
412
Where two parties have same namedelivery to one 296 In care of another
413
To authorized agent
415
Manner of deliverywritten copy
416
No duty to forward messages
417
Time to deliver
418
Same continuedtwo messages of same nature received within office hours
420
Free delivery limit
422
When sendee lives several miles from office
425
Same continuedmay waive right
427
No delivery limit fixed 306 Must use due diligence to deliver
429
Same continuedillustrations
430
SOS Diligence exercisedevidenceburden of proof
431
Failure to designate with accuracy the address
432
Penalty imposed for failure to deliver 311 Duty to preserve secrecy of message
434
Same continuedimposed by statute
436
Same continuedapplicable to telephone companies 314 Messages in care of common carriers 315 Same continuedtelephone
437
Message for personmake reasonable search
438
Same continuedwhen compensated
439
Longdistance telephonedisconnected at intermediate points
440
CHAPTER XIII
442
Sameillustrations
444
Presumption may be rebutted
446
Nonpayment of chargesno defenseregulation 324 Contributory negligence
447
Messages must be legible
448
Operator writing message for senderhis agent
449
Messages not stampedcontributory negligence 329 Delay in sendingno contributory negligence
450
Injured partyshould minimize loss
451
Presumed to perform contract 332 Should resort to other means when necessary
453
Misinterpreting messageaddressee
454
Should read carefullysendee
455
CHAPTER XIV
457
Must be reasonable
459
Must be reasonably applied
460
Same continuedreasonablenesswho should decide 339 Distinction between bylaws and rules and regulations or resolutions
461
Same continuedparticular regulations
462
Information as to meaning of messagecannot demand
463
pelivery at companys officereasonable
464
Prepayment of chargereasonable regulation
465
Extra charges for delivering beyond free delivery limitnot always reasonable
466
Deposit for answernot always reasonable
467
May waive prepayment
468
Regulation of office hours
469
Same continuedstatutory penalty for delayhours not the same 349 Reasonableness of the rule
471
Same continuedwaiver of regulations
472
Employes need not be informed of other oflice hours 352 Office hours as affects companys dutynight message
475
Knowledge of sender as to office hours
476
Telephone companiesenforcement of tolls
477
May waive regulations
478
CHAPTER XV
481
Same continuedburden of proof
484
Public enemy
485
Same continuedreason for rule
486
Same continuedmobs strikes
487
Same continuedstrikes not liablemust supply places
488
CHAPTER XVI
493
Burden of proof 412 Proof of assent to stipulation 413 Contrary holding 414 Special contractsnot applicable 415 Small typenot fraud
494
Negligencecannot contract againstin most states
495
Applicable to statutory penalty 370 May contract against negligence in some states
496
Prohibited by statutes in some states
498
Gross negligence
499
Gross negligencewhat constitutes
500
When requested to be repeatedquestion of fact
514
Same continuedbinding on sender only 386 Times within which claims are to be presented
515
Same continuedreasons for rule
519
Same continuedstatutory penaltyapplicable
520
Same continuednot to be prosecuted by the public
521
Stipulation held void as against public policy
522
When limitation begins to
523
Same continuedunaware of wrongnot binding 394 Compliance with stipulationwhat constitutes
525
Same continuedwaiver of written claims 396 Same continuednature of the claim
527
Must be presented to proper officer
528
Commencement of suitwhether sufficient notice
529
Contrary holdingbetter view
530
Limiting liability to specific amount
531
Same continuednature ofliquidated damages 402 Same continuedinsuredsame rule
532
Night messagestime to be delivered 404 Unavoidable interruptionspecial contract
533
Over connecting linesstipulationexemptions
534
Stipulation against cipher messagesvalid
536
Same continuedcontrary view
537
Assent of addressee
545
Same continuedillustrations
547
Same continuedactions in tort
548
The correct view as considered
549
Assentproof ofwhat amounts
551
Stipulation posted in companys officenot binding
552
Messages written on blanks of another companybinding 423 Same continuedknowledge of companys stipulations 424 Messages delivered to compan...
554
Principal bound by the knowledge of the agent
555
CHAPTER XVII
557
Market reports
558
Same continuedorganized for collecting news
559
Gambling transactionsmessages in regard
561
Indecent language not bound to accept
564
Liable civilly or criminallyindecent language
565
Libelliable
566
Interstate messages
568
Samerecovery of statutory penaltynot applicable
569
Sunday messagesno duty to send
570
Sunday contractsvoid
571
Same continuedmatters of necessity or charity
572
Same continuedillustrations
573
Statutory penaltyapplicable 440 Messages which may not be genuine
574
Forged and fraudulent messages
576
Same continuednegligence must be proximate cause 443 Same continuedoperator author of forged message
578
Same continuedsubagent forgery of 445 Same continuedno bar to action ex delictoinjured party
580
Amount of damages
581
Connecting linespassage overinitial linegeneral rule
582
Same continuedEnglish rule
583
Accept all the chargesrule not changed 450 Initial companydiligence to deliver to other line
584
Special contractmay become liable
585
Same continuedwho may contract
586
Connecting lines 455 Same continuedduty to accept messages tendered
587
Same continuedduty of 457 Liability of connecting lines
588
Burden of proof
589
Partnership arrangements between the several lines
590
Effect of contract of sending on connecting lines
591
Liability for defaults of common agent 462 Senders right to select route
592
Same continuedresult of bad selectioninitial companynot liable 464 Same continuedexact extra fee or charges 465 Liability of companies between th...
594
CHAPTER XVIII
596
Same continuedmessagesent by agent
598
4C9 Addresseeright of actionin general 470 Same continuedgrounds on which rules are based
600
English rulein general
601
Rule applicable to telegraph companies 473 American rulein general
602
Same continuedwith respect to telegraph companies
603
Addressee beneficial party
607
Same continuedsender agent of addressee
609
Action for breach of public duty
610
Same continuedaction in contract or tort
612
Same continueddamages under either
613
Agent for addressee 4b1 Right under statute
614
Right of actionaltered message
615
Sender paying chargeseffect upon the addressees right 484 Third partyright of action
616
4S5 Under special statutespenalty
618
Addressees right not affected by failure to have message repeated 487 Actions between sender and addressee
619
What law governs
621
Contract made where last act of assent was done
623
Same continuedactions between sender and addresseecontract where made 491 Same continuedaction where brought
624
MATTERS OF PLEADING PRACTICE AND EVIDENCEGENERALLY Section 492 Scope of chapter 493 Character of action
626
Same continueddistinction between an altered message and one not sent or delivered
627
Actionby mandamus
628
Actioninjunctionspecific performance 497 Service of process
629
49S Pleadings in general
630
Same continuednature
631
Allegations as to damages
634
Same continuedcopy of telegrampart of pleading
636
Same continuedamendments liberally allowed
637
Actionwhether in contract or in tort 504 Actions for statutory penaltyvariance
638
Plea to the declaration
640
The issue and proof
641
Causeproximateremote
642
Contributory negligencesame rule
643
Presumption of negligenceburden of proof
645
Same continuedeffect of stipulation
649
Evidence
652
Same continuedillustrations
653
Evidence of negligencewealth or poverty of either partycompany
654
Same continuedparty injured 515 Declaration of agents
656
Subsequent acts of companyof plaintiff
658
Evidence of plaintiffs good faitherroneous messages
659
Same continuedother cases
660
Questions for the court
661
Questions for the jury
667
Instructions
670
Weight and sufficiency
672
522a Expert evidencecause of death
673
Appeal and error
675
CHAPTER XX
677
Actions in contract and in tortapplicable to both Jones Tel 2d En b
683
Same continuedcharacter of damages arising from eachkind of actionsamount of information
684
Remote damages
685
Same continuedspeculative damages
687
Intervening causes
689
Effect of special circumstancesnotice
690
How communicated to the companyinformation
692
Same continueddamagesremote and speculative
693
Cipher or otherwise unintelligible messages
694
Same continuedreason of rule
696
Contrary view
697
When message discloses its importance
698
Same continuedneed not be informed of all facts
700
Question for jury
702
Same continuedextrinsic facts of importance
703
Messages relating to business transactions
705
Rule in mental anguish cases
706
Same continuedrelationship of person affected
709
Same continuedreason of rulenearness of relationship 547 Same continuedinterest of the party in the transaction 548 Same continueddeprived of the ...
713
Damages which might have been prevented
714
Samedamages which could not have been preventedcontributory negligence
716
CHAPTER XXI
718
Sales preventedplaintiff vendorin generallegal sales
719
Same continuedmeasure of damages
720
Loss must be actual and substantial
722
Orders for goods not deliveredin general
724
Same continuedmeasure of damages
725
Orders for goods erroneously transmittedpurchasers duty
727
Same continuedgoods shipped to wrong place
728
Same continuedstock bonds
729
Messages directing agent to sell or purchase
730
Same continuedorder to close option to purchase 562 Loss of an exchange 563 Negligence of company inducing shipment
731
Deterioration 565 Announcement of prices or state of market
732
Contemplating shippingdelay in messageloss
734
CHAPTER XXII
736
Same continuedactual damages
737
Same continuedcircumstances tending to reduce loss
739
Loss of professional fees
740
Same continuedlosses of otherwise professional nature
741
Same continuedsuch as not recoverable
742
Losses which might have been prevented
743
Same continuedmust show same would have been prevented 576 Falling debtorsmessages from creditors regarding same
744
Failure to transmit money
746
Messages summoning physicians or veterinaries
747
Messages requesting addressee to meet sender CHAPTER XXIII
748
DAMAGES CONTINUEDFOR MENTAL ANGUISH 580 In general 581 Same continuedsubject divided
750
Damages for mental anguish and suffering
751
Action in contract or tortrule the same
752
Rule departed from
753
Same continuedSo Relle Case overruled and reinstated
754
Federal court viewhow held
756
Ground upon which these cases are maintainednotice
757
View of subject in Louisiana
761
Instances in which damages are allowed
762
Limitation of ruleprolongation of mental anguish
763
Same continuedsuffering must be real
766
Same continuedmust be the result of the cause of complaint 593 Same continuedsuffering must be of the plaintiff
769
Same continuedanguish from independent causes
770
Unwarranted apprehension 596 Failure to meet plaintiff
771
Summoning a physician
772
Same continuedmust have prevented the injury
773
Same continuedpostponement of funeral services
776
Same continuedfailure to transmit moneyno cause
777
Evidence of mental suffering
778
Same continuedaggravation of suffering
780
Same continuedsickness as a resultadmissible
781
Same continuedmatters of defensewant of affection
782
Relationship material
784
Nature of damages
786
6P7 Actions do not survivelimitation 608 Burden of proofpresumption
788
Damages for mental sufferingdoctrine denied
790
When may be basis of actionmalicious or willful wrong
792
Reasons for not allowing such damages
793
Same continuedmental suffering following physical pain
797
Conflict of lawwith respect to mental damages
798
Under statutesconstitutionality
801
CHAPTER XXIV
804
Same as applied to telegraph etc companies
806
Exemplary damages done by agents and employesmalice 619 Whether a question of fact or
808
The purpose of such damages
809
Assault and battery
810
Libel
812
Malicious prosecution 624 Trespassaccompanied with malice
813
Negligencequestion for jury
814
Same continuedactual damages
816
Excessive damages
817
Nominal damages
821
CHAPTER XXV
823
A penaltynot damagesfor person injured 633 Who maintain suit
828
Extraterritorial effectnot
829
Constitutionality of statutes
831
Discrimination statutes relating
832
Character and form of messagefutures 638 Same continuedformcipher telegrams
833
Same continuedwritten on message blankwaiver of right
834
Breach of dutyproof
835
Complaint and proof must fall under statute
836
Complaintallegations therein
837
Actual damagesneed not prove
838
Same continueddoes not bar action for damages
839
Actions survive 647 Connecting lineliable
840
Defensesoffice hours
841
Same continuedfree delivery limits
842
Same continuedharmiess errors 652 Same continuedSunday dispatches 653 Stipulationstime for presenting claimeffect
844
Accord and satisfaction 655 Prepayment of charges
846
Repeal of statuteeffect
847
CHAPTER XXVI
848
Methods of taxation 661 Classificationdiscretion of legislature
851
Discrimination 663 Lien of assessment
852
Interstate commerceobstruction
853
Property of telegraph and telephone companies used in interstate commercesubject to state taxes
855
Taxation on capital stock in proportion to length of line in state 667 Mileage basis of valuation
857
Assessment of telegraph lines for taxationNew York state 669 License taxcannot be imposed
858
Distinction between property tax and privilege
860
Excise
862
Taxation on gross receiptsinterstate business
863
Same on message
864
Foreign companies
865
Power of a municipality to impose
866
Special franchise taxes
868
Where rights of being a corporation are derived from the United States
869
Lines on railroads 679 Samesuits to collect
870
Interest when payment of taxes is delayed 60a Special assessment for improvements
871
What is a telegram 683 Letters and telegramscompared
874
Same continuedadmission
875
Same continuedpresumptionexceptions 686 Authorship must be proved
877
Proof of signature
878
Telegrams as declarations of sender 689 Telegrams as evidence of communication
879
Rule applicable to documentary evidence
880
Primary evidencein general 692 Rule applicable to documentary evidence only
881
Rule applicable to telegrams
882
Depends upon which document is at issue
883
Same continuedcontents of message delivered to addressee 696 Messages given orally for transmission
884
Actions to recover statutory penalties and damages 698 Secondary evidence
885
Proof of absence of the original
886
Notice to produce
887
What evidence admissible as secondary 702 Late improvements in telegraphy
888
Same continuedsecondary evidence 704 Testimony of witnesses
889
Secondary evidence of unstamped contracts 706 When telegram need not be produced
890
Declaration of employes subsequently employed 708 Notice by telegram 709 Telephone communication as evidence
892
Identity of personwhen essential
894
Sameeffect of with unknown personsagency
895
Samewhat constitutes sufficient proof of Identityburden of proof 713 Testimony of bystanders
900
When operator or third person converses
901
Operator as interpreter 716 Bills and notespresentment by telephone
902
Oaths admissible by means of telephone
904
CHAPTER XXVIII
908
How statute may be satisfied
909
Companyagent of sender 72t Message delivered to companyeffect of under statute of frauds
910
Telegram delivered to addresseeeffect under statute
911
What telegram should contain
912
Time of delivery with respect to making of contracts
914
Written contracts adopted
916
CHAPTER XXIX
917
Postal law not applicable to telegraph messages
918
Same continuedwould assist in illegal purposes
919
Statutes forbidding disclosure of telegrams
920
Same continuednot protected by postal laws 735 When may be privileged communications
921
Steps to obtain telegramsin general
922
Same continuedhow further obtainedcourt inspection 738 Rule for describing message in writ 739 Same continuedillustrationsvalid services
924
Same continuedwhen invalid
926
CHAPTER XXX
927
Same continuedprivate institutiondoes not effect 744 What must contain
930
When offer is complete 746 Order made by telegram
931
Communication both by post and telegraph
932
When contracts take effect
933
Offer and acceptancemust be definite and unconditional 750 Offer requiring actual receipt of acceptance
936
Same continuedhow request implied 752 Acceptance must be made within time
937
Revocation of offer
938
Designation of parties
939
Indorsement and acceptance by telegramforged acceptance 756 Contractwhat law governs 757 Telegraph company ordinarily the agent of sender
943
Sender bound on message as received
945
Within the meaning of the statute of frauds
946
Exception to the rula
947
English rule 762 Telegraph company an independent contractor
948
CHAPTER XXXI
955
INDEX
1001
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Side 324 - -There is no doubt that the general principle is favored both in law and justice, that every man may fix what price he pleases upon his own property, or the use of it ; but if, for a particular purpose, the public have a right to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take the benefit of that monopoly, he must, as an equivalent, perform the duty attached to it on reasonable terms.
Side 19 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Side 523 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Side 165 - An act to aid in the construction of telegraph lines, and to secure to the government the use of the same for postal, military, and other purposes...
Side 697 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Side 714 - ... most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.
Side 158 - Congress assembled, that any telegraph company now organized, or which may hereafter be organized, under the laws of any State in this Union, shall have the right to construct, maintain. and operate lines of telegraph through and over any portion of the public domain of the United States...
Side 341 - Use any installation of this kind established by them before the war on the territory of a neutral power for purely military purposes, and which has not been opened for the service of public messages.
Side 339 - Finally, to pass all such ordinances, not inconsistent with the provisions of this Charter, or the laws of the State, as may be expedient, in maintaining the peace, good government, health and welfare of the city, its trade, commerce and manufactures...
Side 533 - The Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.

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