The Law of Electric Wires in Streets and Highways

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Callaghan, 1900 - 358 sider
 

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The sameDecisions in other states
29
Conclusions with respect to the electric railway
31
Power of the municipality to authorize poles and wires for elec tric lighting
33
3a The sameCases
34
The sameCases in Iowa
35
Power of municipality to erect its own electric lighting plant
37
The paramount authority is in the legislature 38 35 Authority of some kind is required for special uses of the street even though they are proper street...
39
CHAPTER III
41
Power of municipality to withhold consent and impose condi tions
43
The sameMunicipal consent as a condition precedent
44
Price or conditions of municipal consent
46
Power of municipality with respect to the designation of the route
47
The sameElectriolight wires
50
Power to revoke franchise and remove poles and wires
51
The sameCases on electric railway and electriclight wires
53
Power of the legislature to revoke franchise
56
MUNICIPAL CONTROL CONTINUED REGULATIONS CONDITIONS CONSENT 46 General power of police regulation with respect to poles and ...
57
Cases on this point relating to telegraph lines in cities
58
Cases relating to electriclight wires in cities
59
Cases relating to the electric railway
60
The power to regulate does not imply the power to lay an em bargo
61
The power to regulate does not imply the power to fix tolls and rates
62
Sec Page
63
CHAPTER V
77
CHAPTER VI
84
Decisions thereunder
90
72a Limitations of the powers of the subway companies 95 73 Relation of the electricwire companies to the subway compa
96
element
97
New uses Different views of the proper use of a street
98
Views of Judge Dillon and Mr Lewis
99
Distinction with respect to the title in the public and in the abutting owner
100
In either case there are certain rights in the streets as such
101
Discussion of the subject by Mr Carman F Randolph
102
Same subjectThe elevated railroad cases
103
Same subject Other cases
104
Same subjectThe rights really affected are the rights of ad jacency without respect to ownership of the land in the street
105
This principle if recognized will simplify the discussion but the distinction must be considered in reading the cases
106
RIGHTS OF ABUTTING OWNERS TELEGRAPH AND TELEPHONE 85 Telegraph and telephone wires have become obnoxious to adjoin ing lan...
108
The question has now become important
109
8a Question stated
110
Argument on the other side
111
Distinction in the cases with respect to the title to the land in the street
112
Decision in Massachusetts on the same side in 1883 113 94 Later case in Missouri
114
Other decisions on the same side
115
The same Later cases on the same side
116
Wires without poles not a burden on the land
117
Cases on the other sideDecisions in New York and New Jersey
118
Cases in some western courts
121
Cases in Virginia Maryland and Mississippi
123
Views of the textbook writers
124
Conclusions with respect to the right to use the highways for the telegraph and telephone
125
Distinction between rural highways and city streetsUrban and suburban easements
127
Rights to compensation for actual damages in obstructing access and light and air etc
128
Distinction between urban and rural easements
134
Opposition to the introduction of the trolley system
140
Difference of opinion as to dummy steamengines 149 123 The same continued
151
12a CasesMt Adams Eden Park Inclined Ry Co v Winslow 156 129 Pelton v East Cleveland R R Co
157
Halsey v Newark
163
Sec Page 136 Lockhart v Craig St Ry Co
164
Saginaw Union Street Railway cases
165
Detroit City Ry Co v Mills on appeal
166
The same Later cases Maryland
168
Later cases Pennsylvania
169
Later cases in New JerseyIn chancery
171
Later cases in other states
174
A different view in Nebraska
176
Conclusions
177
The electric railway on rural highways Mode of use the crite rion
178
CHAPTER XI
182
Consent of abutting owners as a condition precedent J
183
Requisites of the consents
184
Condemnation of rights of abutting ownersIntroductory
185
Statutes of some of the states providing for condemnation
186
Condemnation for the telegraph and the telephoneThey are public uses
187
The same Right acquired only such as is necessary
188
The same Conditions precedentFailure to agree
189
The same Conditions precedent Municipal authority 189 156 The same Conditions precedent Consent of property owners
190
The same Right of way of railroadThe right to condemn
191
The sameDamages
192
Condemnation for electriclight line
193
Condemnation for electricpower lines
194
TELEGRAPHS ON POSTROADa See Page 175 Occasion and purposes of the act of congress of July 241866 con cerning telegraphs on postroads
206
Decision of the supreme court sustaining and construing the act
207
The scope and effect of the act as declared by the supreme court Equal privileges secured to all telegraph companies
208
Contracts for exclusive right for telegraph line void on ground of public policy
210
Modifications and exceptions
211
Practical difficultiesQuestions of interference of one line with the other
212
The rights conferred are public and not private rightsThe lat ter can only be taken by consent
213
The sameThe act of congress gives no power to condemn
214
Is a telegraph line a new burden upon the land taken for a rail road?
216
Does the statute imply that telegraph is a highway use and not a new burden on the land?
217
Statutory authority given to telegraph companies with respect to the use of railroad lines is to be construed strictly
218
Telegraphs on postroads are subject to state taxation
219
Miscellaneous matters
221
CHAPTER XIII
223
The same subjectInduction and leakage 224 194 Electrolysis
225
The first contest was with electriclight wires
226
The same Ohio
227
The same Alabama
228
The same United States circuit court California
229
The same Missouri
230
East Tennessee Telephone Co v Chattanooga Electrio Street Ry Co and another case
231
Rocky Mountain Bell Telephone Co v Salt Lake City Ry Co
233
East Tennessee Telephone Co v Knoxville St Ry Co 234 213 Hudson Telephone Co v Watervliet Turnpike RCo
235
The same continued
236
The same case in the court of appeals
237
Cumberland Telephone Co v United Electrio Ry Co
238
An English caseThe doctrine of Fletcher v Rylands invoked
240
Conclusions with respect to electric railway ourrent
241
Precautions against danger from contact
242
Electrolysis
243
CHAPTER XIV
244
Location of polesLiability to travelers on the street
245
The sameAnother view
246
The same Source and extent of the liability
247
The sameThe legislature may modify the rights of the public in the streetElectrio railway polesConclusion
249
Liability for injuriesWires hanging too low
250
The same Decisions
251
The same continued Guy wires
253
Wires hanging too low Contributory negligence
254
CONSTRUCTION AND MAINTENANCE LIABILITY FOR NEGLI GENCEDEFECTIVE MATERIALS AND DANGEROUS CUR RENTS 231 Int...
257
Analogy to the liability of occupier of premises
258
Application of the principle to the construction and maintenance of poles and wires
260
The same Cases
261
The same Cases continued
262
Poles and wires thrown down by an external force
263
Dangerous currents in the wires
265
Sec Page 238 Liability of those who maintain the wires
266
Doctrine of Fletcher v Rylands applied to the electric current
267
Doctrine of Fletcher v Rylands not fully adopted in the United States
268
Duty measured by the danger
269
Cases on liability for escape of electrio current in publio highway 270 244 The sameContinued
272
The sameContinued
273
Injury from the electric current Classification of cases
274
The sameThe liability of the owner of dangerous premises
275
The sameOther grounds of liability with respect to danger ous electric current
276
Application of these principles to the use of the electrio current 278 251 The sameCases
278
The same Five cases in Massachusetts
279
A case in the United States circuit court of appeals 281 254 The same Other cases
283
Liability to servantsGeneral rules
285
The sameSpecial and obvious dangers
286
The same Defective appliances
287
Injury by electrio shock Duty to servantsDefective appli ances Cases
290
Duty to servantsDefective poles and wires Cases
291
The same Duty of inspection
292
The sameOther cases
293
Defective appliancesRisks of employmentDuty of servant
294
The sameAppliances not furnished by the master
295
Contributory negligence Cases
296
The sameOther cases
297
Injury from electric shockJoint negligenceProximate cause
298
The same Guardwires
300
The same Continued
301
The same Continued
303
Joint negligenceProximate causeConclusions
304
NegligenceRes ipsa loquitur
305
The same Cases
306
Liability of municipalities for defective poles and wires In the streets
309
The sameContinued 810
310
ELECTRIC LINES AS PROPERTY 276 Introductory
313
27a SameCases
314
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Side 206 - 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, over and along any of the military or post roads of the United States...
Side 288 - Of course, some places of work and some kinds of machinery are more dangerous than others, but that is something which inheres in the thing itself, which is a matter of necessity, and cannot be obviated.
Side 69 - Clearly, this is no privilege or license tax. The amount to be paid is not graduated by the amount of the business, nor is it a sum fixed for the privilege of doing business. It is more in the nature of a charge for the use of property belonging to the city, — that which may properly be called rental. " A tax is a demand of sovereignty ; a toll is a demand of proprietorship.
Side 273 - Electric companies are bound to use "reasonable care in the construction and maintenance of their lines and apparatus — that is, such care as a reasonable man would use under the circumstances — and will be responsible for any conduct falling short of this standard.
Side 159 - Telegraph and telephone poles and wires are not used to facilitate the use of the streets where they are erected for travel and transportation, or if so, very indirectly so ; whereas the poles and wires here in question are directly ancillary to the uses of the streets as such, in that they communicate the power by which the street cars are propelled.
Side 331 - ... within a State bears to the length of all its lines everywhere, deducting a sum equal to the value of its real estate and machinery subject to local taxation within the State, Western Un.
Side 267 - If a person brings or accumulates on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Side 36 - ... to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort, and convenience of such corporations and the inhabitants thereof...
Side 270 - Atl. 472, to be that in all cases In which any person undertakes the performance of an act which, if not done with care and skill, will be highly dangerous to the persons or lives of one or more persons, known or unknown, the law, Ipso facto, Imposes as a public duty the obligation to exercise such care and skill.
Side 239 - Where a person is making a lawful use of his own property, or of a public franchise, in such manner as to occasion injury to another, the question of his liability will depend upon the fact whether he has made use of the means which in the progress of science and improvement have been shown by experience to be the best; but he Is not bound to experiment with recent inventions, or to adopt expensive devices, when It lies In the power of the person Injured to make use himself of an effective and inexpensive...

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