The Law of Electric Wires in Streets and HighwaysThe 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 xii
... land - owners 86. Question of rights of land - owners suggested but not answered by Scott & Jarnagin in 1868 108 • · 108 87. The question has now become important · • 109 88. Question stated 110 · 89. Argument on one side · 110 190 ...
... land - owners 86. Question of rights of land - owners suggested but not answered by Scott & Jarnagin in 1868 108 • · 108 87. The question has now become important · • 109 88. Question stated 110 · 89. Argument on one side · 110 190 ...
Page 5
... land is taken . Distinctions are made between those cases in which the fee of the street is in the public and those in which the public have only a right of way . Doubt has been thrown by recent decisions on the soundness of this ...
... land is taken . Distinctions are made between those cases in which the fee of the street is in the public and those in which the public have only a right of way . Doubt has been thrown by recent decisions on the soundness of this ...
Page 15
... land - owner . Yet the better opinion is that this is a legitimate use of the streets , for which no com- pensation need be made . And it is certain that under the general power to light the city , the corporation may lay gas pipes for ...
... land - owner . Yet the better opinion is that this is a legitimate use of the streets , for which no com- pensation need be made . And it is certain that under the general power to light the city , the corporation may lay gas pipes for ...
Page 19
... land , nor to affect any of the rights of the land - owner in the street , and whether the use of the electric railway with the overhead system does any of these things must be the subject of a separate chapter ; and in considering the ...
... land , nor to affect any of the rights of the land - owner in the street , and whether the use of the electric railway with the overhead system does any of these things must be the subject of a separate chapter ; and in considering the ...
Page 20
... land used for a street , and that a land - owner who had not received compensation was entitled to a mandatory injunc- tion for the removal of the poles . On appeal to the circuit court of Hamilton county the decision was reversed , and ...
... land used for a street , and that a land - owner who had not received compensation was entitled to a mandatory injunc- tion for the removal of the poles . On appeal to the circuit court of Hamilton county the decision was reversed , and ...
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Common terms and phrases
abutting owner additional burden authority Bell Teleph Brush Electric Cable cars cited compensation condemnation consent construction Corp corporation court held damages dangerous decision defendant duty easement Elec electric current Electric Light electric railway electric wires electric-light company electric-light wires eminent domain entitled erection franchise Gas Light grant horse railroad impose injunction injury interfere Jersey City jury land land-owner legislature liable motive power municipal N. E. Rep N. J. Eq N. J. Law N. Y. Supp negligence obstruction Ohio operation ordinance ordinary pany plaintiff poles and wires post roads Postal Teleg privilege proper public street public travel purposes question R. R. Co rail railroad company reasonable referred S. W. Rep servitude Stat statute steam railroad supreme court taxation tele telegraph telegraph company telegraph line Teleph telephone company telephone wire tion Traction trolley turnpike Western Union Teleg York
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.