The Law of Electric Wires in Streets and Highways

Front Cover
The scope of this book ... deals with electric wires in their relation to the highways, and there has been no attempt to discuss the principles applicable to every kind of case in which electrical appliances are concerned.
 

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Contents

Power of municipality to withhold consent and impose condi
44
The same Electriclight wires
50
Power of the legislature to revoke franchise
56
19
61
The power to regulate does not imply the power to fix tolls
62
Sec Page
63
CHAPTER V
77
61
78
CHAPTER VI
84
Decisions thereunder
90
20
91
Relation of the electricwire companies to the subway compa
96
Distinction with respect to the title in the public and in
100
21
105
This principle if recognized will simplify the discussion but
106
Distinction in the cases with respect to the title to the land in
112
Cases on the other side Decisions in New York and New Jersey
118
Views of the textbook writers
124
CHAPTER IX
132
Lockhart v Craig St Ry
136
Is there a distinction between wires used solely for public light
138
Steam railroads not within the proper uses of the street
145
Poles and wires for the electric railway Do they affect the prop
152
Taggart v Newport St Ry
158
Saginaw Union Street Railway cases
165
Later cases in New Jersey In chancery
171
Conclusions
177
Requisites of the consents
184
The same Conditions precedent Consent of property owners
190
The same Regulations in New Jersey
196
The same Cases in Pennsylvania and Delaware
202
The same Indiana
204
Occasion and purposes of the act of congress of July 24 1866 con
206
Practical difficulties Questions of interference of one line with
212
Statutory authority given to telegraph companies with respect
218
The same subjectInduction and leakage
224
The same Missouri
230
The same continued
236
Precautions against danger from contact
242
The same The legislature may modify the rights of the publio
249
CHAPTER XV
257
Poles and wires thrown down by an external force
263
Sec Page 238 Liability of those who maintain the wires
266
The same Other grounds of liability with respect to danger ous electric current
276
Application of these principles to the use of the electric current
278
The same Five cases in Massachusetts
279
A case in the United States circuit court of appeals O
281
The same Other cases
283
0
285
The same Special and obvious dangers
286
The same Defective appliances
287
Injury by electric shock Duty to servants Defective appli ances Cases
290
Duty to servants Defective poles and wires Cases
291
The same Duty of inspection
292
The same Other cases 0
293
Defective appliances Risks of employmentDuty of servant
294
The same Appliances not furnished by the master
295
Contributory negligence Cases
296
The same Other cases
297
Injury from electric shock Joint negligence Proximate cause
298
The same Guardwires
300
The same Continued
301
The same Continued
303
Joint negligence Proximate cause Conclusions
304
Negligence Res ipsa loquitur
305
The same Cases
306
The same Cases
307
Liability of municipalities for defective poles and wires in the streets
309
The same Continued 810
310
CHAPTER XVI
313
Same Cases
314
Soc Page 279 Electric lines subject to mechanics lien
316
Electric lines as property subject to taxation Real or personal property
317
The same Value of the interest in land for taxation
319
Franchise tax and taxation of the franchise
320
Franchise taxes on companies operating electric lines
321
Character and scope of the franchise tax 0
322
Tax on the franchise as property
323
Are the franchises included in the ordinary tax laws?
324
The same Continued
326
State franchise taxes and the federal law The question stated
328
The same Franchise of company engaged in interstate com merce may be taxed as property
329
The same An excise tax may be levied on the franchise even though measured indirectly by receipts from interstate com merce
331
The same Taxation of franchises of express companies bridge companies and telephone companies 0
332
The same Conclusions as to state taxes and interstate com merce
333
Franchise taxElectric light power and heat companies are they exempt as manufacturing companies
334

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Common terms and phrases

Popular passages

Page 204 - 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, over and along any of the military or post roads of the United States...
Page 286 - Of course, some places of work and some kinds of machinery are more dangerous than others, but that is something which inheres in the thing itself, which is a matter of necessity, and cannot be obviated.
Page 69 - Clearly, this is no privilege or license tax. The amount to be paid is not graduated by the amount of the business, nor is it a sum fixed for the privilege of doing business. It is more in the nature of a charge for the use of property belonging to the city, — that which may properly be called rental. " A tax is a demand of sovereignty ; a toll is a demand of proprietorship.
Page 271 - Electric companies are bound to use "reasonable care in the construction and maintenance of their lines and apparatus — that is, such care as a reasonable man would use under the circumstances — and will be responsible for any conduct falling short of this standard.
Page 157 - Telegraph and telephone poles and wires are not used to facilitate the use of the streets where they are erected for travel and transportation, or if so, very indirectly so ; whereas the poles and wires here in question are directly ancillary to the uses of the streets as such, in that they communicate the power by which the street cars are propelled.
Page 329 - ... within a State bears to the length of all its lines everywhere, deducting a sum equal to the value of its real estate and machinery subject to local taxation within the State, Western Un.
Page 265 - If a person brings or accumulates on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Page 36 - ... to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort, and convenience of such corporations and the inhabitants thereof...
Page 268 - Atl. 472, to be that in all cases In which any person undertakes the performance of an act which, if not done with care and skill, will be highly dangerous to the persons or lives of one or more persons, known or unknown, the law, Ipso facto, Imposes as a public duty the obligation to exercise such care and skill.
Page 163 - Recognizing the right of the legislature and city authorities to authorize the building of railways upon streets of a city, without compensation to property owners, because it is a means of public transportation and accommodation, the necessary and proper apparatus for moving them must be allowed to follow as an incident, unless there is something illegal in their construction or use.

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