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

Front Cover
Central Law Journal Company, 1891 - Electric engineering - 525 pages
 

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Contents

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
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
Revocation of license by municipal corporation
46
Struggles by these companies for the exclusive use of the streets
47
by a gaslight company
48
Plaintiff an electric light company organized 39 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
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
330
102
212
104
graph
107
Injuries from improper location of poles
113
electric light company
117
Obstructing navigation
118
St Electric trains frightening worses
119
Certain evidential matters
120
SECTION PAGE 89 Injuries to the companys servants
122
Servant injured through patent defect not obyiously dan 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
SECTION PAGE 100 Description of a telephone
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
331
147
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
173
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
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 190 sent to another State
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
Illustrations continued 241
216
Continued
218
Nlustrations
221
Releases liability for mistakes of connecting line 249
227
But does not exonerate connectivg 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 stip...
260
Reason of the rule
261
Limitation of sixty days not unreasonable
262
Validity of limitation of less than sixty days
263
Thirty days limitation with knowledge of loss sufficient
265
Whether applicable to actions for statutory penalties
266
What not a waiver of written notice
267
When such a limitation begins to run
268
Commencement of suit equivalent to notice in writing
269
CHAPTER IX
270
Not liable for defaults of connecting lines
271
May stipulate against liability for defaults of connecting lines
272
May become so liable by contract
273
Evidence of negligence where dispatch received from con neeting line
274
CHAPTER X
277
5
278
SECTION
294
CHAPTER XI
303
Engiish case in illustration of the rule
309
Nondelivery of message asking for information
316
Losing a chance of obtaining employment
322
Loss of weight of cattle 345 View that rule is inapplicable where object is speculation 346 Loss of certain profits recoverable Loss of contingent profi...
329
Application of the rule in Hadley v Baxendale to unintel ligible dispatches 338 In case of cipher or unintelligible messages nominal dam ages only 33...
351
Further illustration
363
damages
366
Exemplary damages for the nondelivery of cipher dis patches
367
Unintelligible dispatches subject to parol explanation
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
384
Damages for failure of busband to attend his wife in case of confinement
385
SECTION PAGE 398 Exemplary damages when given
387
Financial condition of sender
388
Damages under the Wisconsin statute
389
CHAPTER XII
393
CHAPTER XIII
402
CHAPTER XIV
422
EVIDENCE
428
Illustration of these views
429
OTHER MATTERS
435
Certainty in the proposition and acceptance
437
Statutory protection of such messages
454
Presumption that the message as delivered to the company
460
Has evidentiary effect of a letter
466
CHAPTER XV
468
limits
470
state commerce
471
Leasing line and breach of contract for continuous business
472
Validity of contracts by telegraph
475
363
478
Where the sender is agent of a third person principal
507
Further of the Massachusetts doctrine
518
What delay evidence of negligence
524
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Page 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.
Page 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...
Page 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...
Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 79 - The mayor and aldermen of any city, or the selectmen of any town, may...

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