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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Revocation of license by municipal corporation
36
Struggles by these companies for the exclusive use of
37
STATUTES
74
CHAPTER IV
95
streets
107
Injuries from overhanging wires
115
electric light company
117
Obstructing navigation
118
Electric trains frightening worses
119
Certain evidential matters
120
SECTION PAGE 9 Injuries to the companys servants
122
gerous
123
Injuries through tbe contributory negligence of the servant
124
Injuries to workmen by reason of live wires sagging upon odead wires
125
Averring one kind of negligence and recovering on another
127
CHAPTER V
129
SECTION PAGE 100 Description of a telephone
130
The telephone patents
131
Mistakenly pronounced a common carrier United States patents
134
Compelled by mandamus to serve the public equally
135
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
141
State may regulate price of service
142
Power of State to regulate charges
143
Decisions under Indiana statute
144
Attempted evasions of statutory penalty
145
Statutes enforcing this obligation
158
GENERAL OBLIGATIONS OF TELEGRAPH COMPANIES
160
View that they are liable for a high degree of diligence
166
Not liable for casbing fictitious money order
174
Jury how instructed as to statutory obligation to transmit
179
Unreasonableness of condition limiting liability to the cost
193
paid for transmission
200
Cannot stipulate against liability for simple negligence
207
Evidence of local usage inadmissible to vary the contract
214
Various statements of this rule
220
View that sender is bound by rules of wboze existence
226
Illustrations continued
227
negligence of connecting lineschange
267
CHAPTER IX
270
CHAPTER X
277
IN CASES OF NonDELIVERY
288
IN CASES OF DELAY
294
CHAPTER XI
303
PROXIMATE AND REMOTE DAMAGES
312
Right to recover the cost of sending message
328
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 prices 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
Sufficient that the company is put upon inquiry
359
General information sufficient
361
Further illustration
363
INJURY TO THE FEELINGS
369
Ilustrations
376
Further on this subject
387
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 pame
413
Stranger to both sender and addressee
416
Action over by sender for damages sustained by receiver and recovered from the company
418
Under Indiana statutes giving penalties
419
MATTERS OF PROCEDURE AND EVIDENCE
422
EVIDENCE
428
OTHER MATTERS
435
Telegram a memorandum under statute of frauds
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 tel egraph 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
Has evidentiary effect of a letter
466
How such notice communicated by tele gram and duty of sheriffs officer respecting same
467
CHAPTER XVII
468
Nondelivery of message asking for information
483
Further views as to the measure of damages in such cases 382
484
Plaintiff an electric light company organized by a gaslight company 39 Question as depending upon priority of occupancy 40 Charter power of cont...
492
Where both companies use the earth for a re turn circuit 45 Further observations on this subject 46 Tax for the privilege of using city streets 47 Reas...
493
Municipal control as to the mode of suspending or laying telegraph wires 49 Futility of attempts at statutory regulation 50 Dangers to be provided ag...
501
49
513
Further of the Massachusetts doctrine
518
What delay evidence of negligence
524
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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 - ... 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 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 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 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 305 - ... 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, 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...
Side 406 - the general rule of law is that a person who is not a party to a simple contract, and from whom no consideration moves, cannot sue on the contract, and that, consequently, a promise made by one person to another, for the benefit of a third person who is a stranger to the consideration, will not support an action by the latter...
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...

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