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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Injunctions against such use by abutting propertyowners
30
When telegraph poles in streets a public nuisance
32
Liability of municipal corporation for allowing telegraph poles to be erected in its streets
34
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
Right of telephone companies to erect poles in the streets of cities
42
Rights of abutting propertyowners
43
Invading private propertycutting trees
45
237
46
Revocation of license by municipal corporation 4i 37 Struggles by these companies for the exclusive use of the streets
47
Plaintiff an electric light company organized by a gaslight company
48
Question as depending upon priority of occupancy
49
Charter power of control does not extend to the granting of exclusive privileges
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
238
57
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
60
Futility of attempts at statutory regulation
61
Dangers to be provided against by such regulations
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
Injuries in the use ok Streets Highways
107
electric light company
117
Obstructing navigation
118
Electric trains frightening horses
119
Certain evidential matters
120
Injuries to their own Employees SECTION PAGE 89 Injuries to the companys servants
122
gerous
123
Injuries through the contributory negligence of the servant
124
Injuries to workmen by reason of live wires sagging upon dead wires
125
Averring one kind of negligence and recovering on another
127
CHAPTER V
129
Classed with telegraph companies
130
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
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
Regulation as to improper language
146
Admissibility of conversations received through a public tel ephone operator
147
Admissibility of answers of persons called up where voice not recognized
148
Reasons for holding such testimony admissible
149
Taxation of telephone companies
154
Taxation of stock of parent corporation in local corporation
156
License tax
157
Privileged taxation of telegraph companies I5S 130 Statutoiy schemes of taxation
158
CHAPTER VI
160
Not liable as common carriers
161
Reasons for distinguishing their liability from that of com mon carriers 163
163
Remote analogy to the undertaking of a common carrier
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 a question for a jury
168
And under reasonable regulations
169
Illustration of the foregoing
171
Not liable for cashing fictitious money order
173
Liable for transmitting libelous messages
174
Not liable for mistake of their agent in correcting erroneous message
176
Not bound to transmit oral messages
177
CHAPTER VII
179
Statutes enforcing this obligation
180
Indiana statute giving penalty for bad faith partiality or discrimination
182
Missouri statute giving a penalty
183
Not liquidated damages but a penalty 1S6 162 Jury how Instructed as to statutory obligation to transmit messages in the order in which they are recei...
186
Arkansas statute giving penalty
188
How far statutes apply to Interstate messages 139
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
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
Reasonableness of regulation requiring deposit to pay for charges of delivery 198 Evidence of local usage inadmissible to vary the contract 199 Reas...
201
Such regulations must be reasonable
203
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
exonerating from liability
215
Valid except in cases of gross negligence or fraud
217
Evidence of Knowledge and Assent SECTION PAGE 206 Proof of knowledge of regulation
218
Various statements of this rule
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 whoEe existence he has knowledge
226
Stipulations as to Repeating SECTION PAGE 217 Reasonableness of regulation requiring message to be re peated
227
Does not excuse negligence or other fault
228
View that condition as to repeating exonerates only from liability for errors preventable by repeating 240
240
Illustrations of this view
242
Stipulations and Limitations as
260
negligence ol connecting lineschange
267
CHAPTER IX
270
CHAPTER X
277
211
280
What circumstances afford evidence of gross negligence
285
Delivery to other person than the addressee
291
Transmission through repeat
294
What disclosures of urgency sufficient
297
Question how affected by the hours of closing the com panys office
299
What excuses insufficient 300
300
Whether plaintiff injured by the delay a question for the jury
301
Delay by changing route in consequence of bad weather 302
302
CHAPTER XI
303
of the parties
304
That rule as explained in a leading case iu New York 306
306
Special circumstances must be communicated to the com pany
308
English case in illustration of the rule
309
Conclusions flowing from these rules
310
Proximate and Remote Damages SECTION lAGE 318 Ouly direct or proximate damages recoverable
312
Intervening fraud of a third person
314
Nondelivery of message asking for information
316
Error in message notifying date of trial of a cause
318
Nondelivery of a message requesting postponement of a judicial trial 319
319
Other instances of damages too remote
320
Loss of fee by a professional man
321
Losing a chance of obtaining employment
322
Nebraska statute
324
Loss of opportunity to save debt by attachment 325
325
Operator fraudulently withholding message announcing failure of bank
327
Loss of Profits SUCTION 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
A modified holding
348
Option deals
350
Cipher and Unintelligible 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
Exemplary damages for the nondelivery of cipher dis patches
367
Unintelligible dispatches subject to parol explanation 36S 375 Evidence that agent had information of nature of message
368
Injury to the Feelings SECTION PAGE 378 Damages given for injury to the feelings alone
369
Judicial observations in support of this view
370
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
382
Failure to deliver a telegram calling a physician in a case of confinement
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
Damages 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
416
Action over by sender for damages sustained by receiver and recovered from the company
418
Under Indiana statutes giving penalties
419
Wires when construed as personalty
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
213 213
482
215 217
513
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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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