A Treatise on the Law of Telegraph and Telephone Companies

Sidney Walter Jones

Vernon Law Book, 1906 - 833 sider

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GENERAL NATURE OF TELEGRAPH AND TELEPHONE COMPANIES 1 Definition 2 Distinction between telegraph and telephone companies si...	1

Same continued	12

Same continuedwhen applied	13

When different rule obtainsintent of lawmakers	14

CHAPTER II	15

Right of eminent domain 16 How to be exercised	15

Accepting right of eminent domain	17

To regulate charges 20 Character of property	19

Unavoidable interruptionspecial contract	403

Over connecting linesstipulationexemptions	404

Stipulation against cipher messagesvalid	405

Same continuedcontrary view	406

Where and when messages accepted	407

Delivery to messengervalid	408

Waiver of stipulation limiting companys liability	409

Burden of proof	410

Commonlaw theory continueddistinction between these	24

CHAPTER III	25

470	30

Reasonableness of statutesmaking them common carriers	32

Statutes superior to any agreement	33

Beyond the limit of the state	34

Substantial compliance with form of message	35

Prima facie negligence	36

Cannot exempt themselves by contract	37

Public servants must serve the public impartially and in good faith	40

Exception to rule	41

Duty to forward message in order of time received	42

Should not disclose the message	43

CHAPTER IV	46

Same continuedlegislature may authorize alienation	49

CHAPTER V	55

Statutes defining what are postroads	57

Must comply with conditionscharacter	58

Scope and effect of actstatute permissive only	59

State cannot prohibit company from doing business therein	60

on compliance with said	62

Same continuedexception to powerpolice regulations 62 Does not interfere with right to compensation	63

Same continuedreason of rule	64

Same continuedalong railroadscompensation when al lowed	65

Same continuedcompensation to roadreason for allow	66

Same continuedthe act does not affect the right to com pensation	67

Same continuedright acquired by agreement 68 Same continuedexecutive usecannot be acquired	68

Same continueddifferent rule when grant from United States	69

Condemnation proceedingsmust be under state statutes	70

Act otherwise considered 72 State grants 73 On railroad	71

Same continuedconditions not to interfere with running trains 75 Same continuedaward	72

Canalunder same statutes 77 The term highway embraces city streets	73

Conditions of grantee	74

CHAPTER VI	75

Same continuedunconditional statutes	82

Same continuedcitys consent	83

Must petition municipalities	84

Compensation to municipalities	85

Same continuedcity control	86

Same continuedcharge in nature a rentaldecision of point	87

Same continuednot on gross incomeeffect	88

By consent CHAPTER VIII	123

Measure of damages	133

CHAPTER IX	134

Same continuedmust be in good faith	147

Same continuednot taxable	148

Railroad companies to be compensated	149

Right tomust first be acquired	150

Interest acquired by telegraph companies	151

By condemnation	152

Exception to rule	153

Same continuedcannot be defeated by claiming it should be on other lands	154

Foreign telegraph companiesright to condemn	155

Same continuedconsolidationagency	156

Same continuedgeneral and special laws	157

Must be in good faith	158

What portion of right of way may be taken	159

Nature of petition	160

Same continuednecessity for taking	161

May condemn land in several counties in one proceeding	162

Same continuedconstitutional	163

Exclusive righton railroads 175 Contract with railroad company to that effect	164

State legislationno exclusive grant	166

Act of Congressprohibits exclusive right 178 Same continuedcontra viewlines on same poles	167

Municipal grantsexclusivecannot grant 180 Vested rightscannot be impaired	168

Same continuedright reserved	170

Same continuedpolice power	171

Right to extend lines	172

CHAPTER X	173

Contributory negligence 198 Injuries to servantsunder common	190

Same continuedchanged by statute	191

Must furnish suitable appliances and employees	192

Injury to these companies	201

Interference by other electrical appliancesin general	202

Same continuedhow operatedinterference	203

Same continuedcause of disturbances	204

Federal control	211

Same continuedconcurrent state rights	212

Telegraph lines over subsidized railroads	213

State control	214

State may control the construction	215

Same continuedtaxing power	216

Same continuedpenalty for delay in delivering messages	217

Same continuedthe Pendleton casewhat embraced	218

Same continuedmust fall within meaning of statute	219

Same continuedoffices establishedmust keep open	220

Same continuedother regulations	221

Same continuedlimitationimpairment of contract	222

Regulate charges	223

Same continuedconstitutionality of statutes	224

Same continuedright to fix chargesreason	225

Same continuedcannot evade statutescharged in	226

itemspatents	227

As to interstate messagescannot fix maximum charges	228

Must furnish services notwithstanding charges	229

Municipal control	230

Powers limitedgenerally specified	231

Power to revoke franchise	232

Cannot impose tax licensenot police power	233

Cannot regulate ratewithout express authority	234

Telegraphin general	235

Same continuedduty to furnish	236

Must have sufficient facilities	237

Must transmit in order in which received	238

Discriminationscannot make	239

CHAPTER XIII	248

Time to deliver 295 Same continuedtwo messages of same nature received within office hours	249

Telegraph companies 258 Same continuedopinion on point	250

Not liable as ordinary bailees for hire	251

Same continuedtelegraph and telephoneliabilitiesdis tinctions	252

Same continuedtelephone	254

Message for personmake reasonable search	255

Same continuedwhen compensated 264 Long distance telephonedisconnected points at intermediate	256

Duty of telegraph companies to transmitarises not on contract alone	257

Same continuedfurther duties 267 Same continuedmust accept proper messagesnot	258

Same continuedsuch as would subject to action of tort	259

Same continuedlines downother reasons	269

Must be properly tenderedin writing	270

Same continuedmust be on companys blank	271

Delivery to messenger boynot delivery to company	272

Same continuedprepayment of charges before accepting	273

Same continuedfailure to receivedamagesfunctions	274

Transmit without delay	275

Free delivery limit	285

When sendee lives several miles from office	287

Operator writing message for senderhis agent 318 Messages not stampedcontributory negligence 319 Delay in sendingno contributory negligence 32...	296

Same continuedmay waive right	298

No delivery limit fixed	299

Must use due diligence to deliver	300

Same continuedillustrations	301

Diligence exercisedevidenceburden of proof	302

Failure to designate with accurateness the address	303

Penalty imposed for failure to deliver	304

Duty to preserve secrecy of message	305

Same continuedimposed by statute	306

Same continuedapplicable to telephone companies	307

Messages in care of common carriers CHAPTER XIV	308

In general	309

Presumption of negligenceonus probandi	310

Same continuedillustrations	311

Presumption may be rebutted	312

Nonpayment of chargesno defenseregulation	313

Same continuedparty injured 329 Declaration of agents	314

Subsequent acts of companyof plaintiff	315

Evidence of plaintiffs good faitherroneous messages	316

Same continuedother cases	317

CHAPTER XV	319

Must be reasonable 335 Must be reasonably applied 336 Same continuedreasonablenesswho should decide	322

Distinction between bylaws and rules and regulations or resolutions	323

Same continuedparticular regulations	338

Information as to meaning of messagecan not demand	339

Delivery at companys officereasonable	340

Prepayment of chargereasonable regulation	341

Extra charges for delivering beyond freedelivery limitnot always reasonable	342

Deposit for answernot always reasonable	343

May waive prepayment	344

Regulation of office hours	345

Same continuedstatutory penalty for delayhours not the same	346

Reasonableness of the rule	347

Same continuedwaiver of regulations	348

Employees need not be informed of other office hours	349

Office hours as affects companys dutynight message	350

CHAPTER XVII	352

Gross negligence	371

Same continuedwhat constitutes	372

Ignorance of operator of the locality of the place	373

Conflict of laws	374

Stipulation for repeating messages	375

Same continuedvalidity of such a stipulation	376

Same continuedfurther reasons for their own protection	377

Same continuedextra chargeno increase of duty	378

Same continueddelay in deliverynondelivery	379

Same continuednot a contractcompared to a bill of lad	380

Same continuedcontractno consideration	381

Same continuedduress	382

When requested to be repeatedquestion of fact	383

Same continuedbinding on sender only	384

Times within which claims are to be presented	385

Same continuedreasons for rule	386

Same continuedstatutory penaltyapplicable	387

Same continuednot to be prosecuted by the public	388

Stipulation held void as against public policy	389

When limitation begins to	390

Night messagestime to be delivered	402

Proof of assent to stipulation	411

Contrary holding	412

Special contractsnot applicable	413

Small typenot fraud	414

Assent of addressee	415

Same continuedillustrations	416

Same continuedactions in tort	417

The correct view as considered	418

Assentproof ofwhat amounts	419

Stipulation posted in companys officenot binding	420

Messages written on blanks of another companybinding	421

Same continuedknowledge of companys stipulations	422

Messages delivered to company by telephone or verbally	423

Principal bound by the knowledge of the agent	424

In general	425

Market reports	426

Same continuedorganized for collecting news	427

Gambling transactionsmessages in regard	428

Indecent languagenot bound to accept	429

CHAPTER XIX	446

Partiessenderin general	467

Same continuedsenderaction in tort or contract	468

Same continuedmessagesent by agent	469

Actionwhether in contract or in tort	475

Actions for statutory penalty	476

Plea to the declaration	477

The issue 507 Presumption of negligenceburden of proof	478

CHAPTER XXI	488

Damages defined	515

General ruleHadley v Baxendale	516

Same continuednot only actual but contemplative dam ages	517

Actions in contract and in tortapplicable to both	518

Same continuedcharacter of damages arising from each kind of actionsamount of information	519

Damages recoverableillustrative cases	520

Same continued	521

Same continued	522

Remote damages	523

Same continuedspeculative damages	524

Intervening causes	525

Benefit of contractloss	526

Same continued	527

Effect of special circumstances	528

How communicated to the companyinformation	529

Same continueddamagesremote and speculative	530

Cipher or otherwise unintelligible messages	531

Same continuedcase in pointreason of rule	532

Contrary view	533

Same continuedinformation on face of the message	534

When message discloses its importance	535

Same continuedneed not be informed of all facts	536

CHAPTER XXIV	546

CHAPTER XXV	576

Libel	584

Malicious prosecution 608 Trespassaccompanied with malice	585

Negligencequestion for jury	586

Same continuedagainst telegraph companies	587

Same continuedactual damages	611

Same continuedmental sufferingexcessive	614

Same continuednot excessive	615

Nominal damages CHAPTER XXVI	616

Object and purpose	617

Construction of statutesin generalpenal	618

Same continuedintention of statutemust not be defeated by construction	619

A penaltynot damagesfor person injured	620

Who mantain suit	621

Extraterritorial effectnot	622

Constitutionality of statutes	623

Indiana statute	624

Character and form of messagefutures	625

Same continuedformcipher telegrams	626

Same continuedwritten	627

Breach of dutyproof of on message blankwaiver	628

Same continuedamount of proof	629

Complaint and proof must fall under statute	630

Complaintallegations therein	631

Actual damagesneed not prove	632

Same continueddoes not bar action for damages	633

Actions survive	634

Connecting lineliable	635

Defensesoffice hours	636

Same continuedfree delivery limits	637

Same continuednot under operation of statutecontribu tory negligence	638

Same continuedharmless errors	639

Same continuedSunday dispatches	640

Stipulationstime for presenting claimeffect	641

Accord and satisfaction	642

Prepayment of charges	643

Repeal of statuteeffect	644

Actions to recover statutory penalties and damages	654

Taxation on gross receiptsinterstate business	661

Same on message	662

Municipal taxcompensationuse of streets	663

City license tax on telegraph companies	664

Special franchise taxes	665

Where rights of being a corporation are derived from the United States	666

Interest when payment of taxes is delayed	667

Taxes of telephone companies	668

CHAPTER XXVII	669

What is a telegram	670

Letters and telegramscompared	671

Same continuedadmission	672

Same continuedpresumptionexceptions	673

Authorship must be proved	674

Proof of signature	675

Introduction	676

Telegrams as evidence of communication	677

Rule applicable to documentary evidence	678

Primary evidencein general	679

Rule applicable to documentary evidence only	680

Rule applicable to telegrams	681

Depends upon which document is at issue	682

Same continuedcontents	683

of message delivered to ad dressee 684 Messages given orally for transmission	684

Secondary evidence	686

Proof of absence of the original	687

Notice to produce	688

What evidence admissible as secondary	689

Late improvements in telegraphy	690

Same continuedsecondary evidence	691

Testimony of witnesses	692

Secondary evidence of unstamped contracts	693

When telegram need not be produced	694

Declaration of employees subsequently employed	695

Notice by telegram	696

Telephone communication as evidence	697

Identity of person	698

When operator converses	699

Operator as interpreter	700

Oaths administered by means of telephone	701

Evidence	702

Subject matter to which statute applies	703

How statute may be satisfied	704

Companyagent of sender	705

Message delivered to companyeffect of under statute of frauds	706

Telegram delivered to addresseeeffect under statute	707

What telegram should contain	708

Time of delivery with respect to making of contracts	709

Written contracts adopted	710

TELEGRAPH MESSAGES AS PRIVILEGED COMMUNICATIONS 711 Introduction	711

Same continuedin hands of telegraph companies	712

Postal law not applicable to telegraph messages	713

Same continuedwould assist in illegal purposes	714

Statutes forbidding disclosure of telegrams	715

Same continuednot protected by postal laws	716

When may be privileged communications	717

Steps to obtain telegramsin general	718

In general	723

Alteration of telegram does not affect rule	724

When not the result of the companys negligence	725

Same continuedprivate institutiondoes not affect	726

What must contain	727

When offer is complete	728

Order made by telegram	729

Communication both by post and telegraph	730

When contracts take effect	731

There must be a distinct and definite offer	732

Offer requiring actual receipt of acceptance	733

Same continuedhow request implied	734

Acceptance must be made within time	735

Revocation of offer	736

Contractwhat law governs	737

Telegraph company ordinarily the agent of sender	738

Sender bound on message as received	739

Within the meaning of the statute of frauds	740

Exception to the rule	741

English rule	742

Telegraph company an independent contractor	743

Same continuedmay be sued	744

DISTRICT TELEGRAPH COMPANIES AND SUCH AS FURNISH 745 Introduction TICKERS	745

Same continuedduties and liabilities	746

Company furnishing tickers	747

Same continuedduties and liabilities	748

Cannot discriminate	749

Unreasonable stipulationsunenforcible	750

Question for jury	787

Same continuedextrinsic facts of importance 539 Rule in mental anguish cases 540 Same continuedrelationship of person affected 541 Same continu...	788

Protection against unfair competition	791

Knowledge of sender as to office hours 352 Telephone companiesenforcement of tolls 353 May waive regulations	808

Contributory negligence	814

Messages must be legible 316 Same continuedaddress must be definite	825

Power of state to	829

How assessments may be made	830

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Bibliografisk informasjon

Tittel	A Treatise on the Law of Telegraph and Telephone Companies
Forfatter	Sidney Walter Jones
Utgiver	Vernon Law Book, 1906
Lengde	833 sider

Eksporter sitat	BiBTeX EndNote RefMan

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