The Law of Electric Wires in Streets and Highways
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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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 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.