The Law of Electricity: A Treatise on the Rules of the Law Relating to Telegraphs, Telephones, Electric Lights, Electric Railways, and Other Electric Appliances

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Central Law Journal Company, 1891 - 525 sider
 

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Power of city to designate the streets to be occupied
39
Power of city to remove
40
Constitutionality of statutes requiring wires to be put under ground
41
Bight of telephone companies to erect poles in the streets of cities
42
Rights of abutting propertyowners
43
Invading private propertycutting trees
47
Plaintiff an electric light company organized by a gaslight company
48
Question as depending upon priority of occupancy
50
Who may question electric light privilege granted by mu nicipal corporation
51
Injunction by telephone company against electric railway company
52
Where both companies use the earth for a re turn circuit
54
Further observations on this subject
56
Tax for the privilege of using city streets
58
Reasonableness of license fee for use of streets
59
Municipal control as to the mode of suspending or laying telegraph wires 00
60
Futility of attempts at statutory regulation 01
63
New York board of electrical control
71
Mandamus to compel city to designate places for erecting electric light poles
72
Statutes
74
CHAPTER IV
95
Reasonable care is proportionate to danger of mischief
102
Right of contribution by municipal corporation against
107
Regulation against use of instrument by rival company
115
electric light company 117
117
Obstructing navigation
118
Electric trains frightening horses
119
So Certain evidential matters 120
120
SECTION PAGE 89 Injuries to the companys servants
122
Servant injured through patent defect not obviously dan gerous
123
Injuries through the contributory negligence of the servant
124
Averring one kind of negligence and recovering on another
127
CHAPTER V
129
The telephone patents
131
Mistakenly pronounced a common carrier
133
A public agency and subject to public regulation
134
Compelled by mandamus to serve the public equally
136
Contract with parent company no defense
137
Compelled to furnish equal facilities to telegraph com panies
138
A contrary view
139
What if company have lines extending into other States
140
State regulation of interstate messages void Ml
141
State may regulate price of service
142
Power of State to regulate charges
143
Decisions under Indiana statute
144
US Attempted evasions of statutory penalty 145
145
Taxation of telephone companies
154
Taxation of stock of parent corporation in local corporation
156
License tax
157
CHAPTER VI
160
Not liable as common carriers
161
Reasons for distinguishing their liability from that of com mon carriers
163
Remote analogy to the undertaking of a common carrier 1
165
View that they are liable for a high degree of diligence skill and care
166
Whether the requisite degree of care was employed is s question for a jury
168
And under reasonable regulations
169
Illustration of the foregoing
171
Not liable for mistake of their agent in correcting erroueou message
176
Not bound to transmit oral messages
177
CHAPTER VII
179
which they are received
180
Indiana statute giving penalty for bad faith partiality or discrimination
182
j 161 Not liquidated damages but a penalty
186
Arkansas statute giving penalty
188
How far statutes apply to interstate messages
189
Validity of statute imposing a penalty where dispatch is sent to another State VM
190
No action for penalty for nondelivery of message delivered to be sent on Sunday
192
Exception where the dispatch relates to a work of necessity
193
Burden of proof as to necessity
194
The necessity may be a moral or social necessity
195
The necessity may be created by negligence
196
Retention of the money not a ratification by the telegraph company
197
When notice to the company necessary
198
Justices of the peace
199
CHAPTER VIII
200
Such regulations must be reasonable
203
ISO View that they can stipulate against liability except for gross negligence willful misconduct or fraud
204
Evidence of gross negligence within this rule
206
Cannot stipulate against liability for simple negligence
207
Reason of this rule
209
May stipulate against liability for mistakes due to climatic influences
210
paid for transmission
211
Stamping messages accepted subject to delay 212
212
Reasonableness of a regulation requiring deposit to pay for answer
213
Evidence of local usage inadmissible to vary the contract
214
Instances where determined as a question of law 215
215
Valid except in cases of gross negligence or fraud 217
217
Evidence of Knowledge and Assent SECTION PAGE 206 Proof of knowledge of regulation
218
Stipulation on message a part of jhe contract
219
Various statements of this rule 220
220
Illustrations
221
Exceptional view that actual notice of the stipulation must be brought home to the sender
222
View that customer bound to know rules of company
224
View that sender is bound by rules of whoce existence he has knowledge
226
Stipulations as to Repeating SECTION PAGE 217 Reasonableness of regulation requiring message to be re peated 218 Does not excuse negligence or...
227
View that condition as to repeating exonerates only from liability for errors preventable by repeating
228
Illustrations of this view
242
Illustrations continued
244
Cases of exoneration under this rule
246
Continued
248
Releases liability for mistakes of connecting line
249
Simpler view that such stipulations are void
250
Reasons given for this view
251
Receiver of message under no obligation to have it re peated
253
What amounts to a request to have the message repeated
256
Such stipulations apply only to the messagenot to the date
257
Stipulations and Limitations as to Time and Manner of Presenting Claims for Damages SECTION PAGE 245 Such stipulations when deemed reasona...
260
24G Reason of the rule
261
227
263
Thirty days limitation with knowledge of los3 sufficient
265
Whether applicable to actions for statutory penalties
266
What not a waiver of written notice
267
Delivery to other person than the addressee
291
What disclosures of urgency sufficient
297
CHAPTER XI
303
English case in illustration of the rule
309
Right to recover the cost of sending message 328
312
Nondelivery of message asking for information
316
Losing a chance of obtaining employment
322
Loss of Profits SECTION PAGE 335 Mistake in transmitting message ordering sales or making or directing purchases
329
Mistakes in dispatches ordering goods
330
Ordering broker to buy or sell
331
Mistake resulting in goods being sent to the wrong place
333
Damages arising from mistake in quoting prices
335
Cases in illustration
336
Dispatch quoting prines sent by a volunteer
338
Loss of weight of cattle
339
View that rule is inapplicable where object is speculation
340
Loss of contingent profits not
341
Application of this principle
342
Illustrations of it
343
Further illustrations
346
Further illustrations
347
A modified holding
348
Option deals
350
Cipher and Uxintelliuiule Dispatches SECTION PAGE 357 Application of the rule in Hadley v Baxendale to unintel ligible dispatches
351
ages only
353
Rule applicable to unintelligible dispatches though not in cipher
354
An English case illustrating the rule
355
American cases illustrating it
356
Extrinsic information of the importance of the message
357
Sufficient that the company is put upon inquiry
359
General information sufficient
361
Further illustration
363
damages
366
t2S 22J
367
Unintelligible dispatches subject to parol explanation
368
Injury to the Feelings SECTION PAGE 378 Damages given for injury to the feelings alone
369
Illustrations
373
Not given as exemplary damages
374
Illustrations
375
View that no damages can be given for mere mental anguish
376
Husband cannot recover for injury to his own feelings where the action is for an injury to the wife
378
The company must be apprised of the special circumstances
379
Further on this subject
380
Further views as to the measure of damages in such cases
383
Difference between quantity of pain suffered and quantity which would have been suffered 3S4 391 What if the doctor could not have reached the p...
384
Damages for failure of husband to attend his wife in case of confinement
385
Miscellaneous Holdings SECTION PAGE 398 Exemplary damages when given
387
Financial condition of sender
388
Damngcs under the Wisconsin statute
389
Special damages must be alleged and proved
390
Claiming one kind of damage of the company and recover ing another
392
CHAPTER XII
393
subsequent negligence
396
When not bound to notify company of error
397
Reselling and charging company with difference
398
Plaintiff not bound to invest further money
399
Contributory negligence of the sender
400
CHAPTER XIII
402
Even in the case of malfeasance
403
Unsoundness and injustice of the English rule
404
Exception where sender is agent of the addressee
405
View which sustains the right of action in the addressee
406
Action by addressee for mistake
407
Illustration of these views
408
When the addresse must sue in tort
409
Where the sender is agent of a third person principal may sue
410
Broker transmitting message for principal and suing in his own name
413
Stranger to both sender and addressee 41G 436 Importance of the defendant having notice of the agency
416
Action over by sender for damages sustained by receiver and recovered from the company
418
Under Indiana statutes giving penalties
419
Under Missouri statute giving special damages
420
Husband suing for wifeTexas code
421
CHAPTER XIV
422
Uniting claim for statutory penalty with claim for damages
427
Evidence SECTION PAGE 458 Declarations of the companys agents
428
Evidence on the question of damages
429
Other points of evidence
430
Evidence of claim of indemnity duly made of company
431
Parol evidence of contents of such claim
432
Secondary evidence of the contents of the telegram
433
SECTION PAGE 469 Service of process on such companies
435
CHAPTER XV
437
other
439
View that the company is not the agent of the sender
440
The same view in an American court
441
Weight of American doctrine to the contrary
445
Rights of sender of message against company in such a case
446
Sender must fulfill order as delivered and seek recourse of the telegraph company
447
Another illustration
448
CHAPTER XVI
450
Obligation of t elegraph company to produce them under legal processtheir inviolability
452
Statutory protection of such messages
454
Which is the original the dispatch as sent or the dispatch as received?
457
When the message as sent is deemed the original
458
Proof of authenticity
459
Presumption that the message as delivered to the company was delivered to the person addressed
460
Illustration
461
Delivery not proved by producing reply
462
Illustrations
463
When oral evidence admissible
464
Secondary evidence admissible
465
229 230
466
How such notice communicated by tele gram and duty of sheriffs officer respecting same
467
CHAPTER XVII
468
Injunction against the use of telegraph ciphers
469
Municipal taxation of telegraph companies outside of city limits
470
What municipal and State taxation interferes with inter state commerce
471
Leasing line and breach of contract for continuous business
472
23? 238 239 240 242
514
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Side 101 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Side 305 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the 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...
Side 59 - 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 305 - 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...
Side 278 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 236 - ... nor for mistakes or delays in the transmission or delivery, or for non-delivery, of any repeated message beyond fifty times the sum received for sending the same, unless specially insured; nor in any case for delays arising from unavoidable interruption in the working of its lines, or for errors in cipher or obscure messages...
Side 305 - ... contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Side 306 - ... may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation; and they must be certain both in their nature and in respect to the cause from which...
Side 5 - 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 79 - The mayor and aldermen of any city, or the selectmen of any town, may...

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