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 - Electric engineering - 525 pages
 

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Contents

Liability of municipal corporation for allowing telegraph poles to be erected in its streets
34
72
38
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
SECTION PAGE 74 75 76 54 Recent statutes regulating electrical companies 55 Statutes authorizing the laying of such wires under ground
74
Statutes committing the subject to the regulation of munici pal corporations
76
Statutes and municipal regulations authorizing the string ing of wires on existing poles
83
Statutes restraining invasions of private property
87
Statutes authorizing the use of roads and streets by tele graph and telephone companies
89
CHAPTER IV
95
graph
99
102
102
AND NAVIGATIONS SECTION PAGE 107 108 108
107
passenger
111
Poles erected in part of the street prohibited to travel 76 Injuries from improper location of poles
113
Collision in consequence of horse running away
114
Injuries from overbanging wires 79 Injuries from guy wires 80 Poles blown down by storms
116
electric light company
117
Obstructing navigation
118
St Electric trains frightening qorses
119
Certain evidential matters
120
SECTION PAGE 9 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
116
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
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 recogoized
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 158
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
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 casbing 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
which they are received
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
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
Retention of the money not a ratification by the telegraph
196
company
197
When notice to the company necessary
198
Justices of the peace
199
CHAPTER VIII
200
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
influences
210
paid for transmission
211
Stamping messages accepted subject to delay
212
answer
213
Evidence of local usage inadmissible to vary the contract
214
Instances where determined as a question of law
215
Illustrations continued 24+ 231 Cases of exoneration under this rule
216
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
Ilustrations
221
Excuses mistakes not arising from gross negligence
233
This view as understood in Massachusetts
235
Further of the Massachusetts doctrine
237
The same view taken in New York
238
This rule as understood in Kentucky
239
View tbat condition as to repeating exonerates only from liability for errors preventable by repeating
240
Illustrations of this view
242
But does not exonerate 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 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 necting line
274
CHAPTER X
277
5
278
A corresponding divergence of opinion in the case of com
283
Cases where ruled as a question of law
290
What disclosures of urgency sufficient
297
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
No distinction between nondelivery and mistake
364
Stipulation in message blanks as to cipher or obscure mes sages
365
Stipulation as to repeating in its application to cipher dis patches
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
MISCELLANEOUS IIOLDINGS 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 100
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 pripcipal 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
CHAPTER XIV
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 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
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
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
363
478
Copyright

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Popular passages

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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