American Electrical Cases (cited Am Electl. Cas.): Being a Collection of All the Important Cases (excepting Patent Cases) Decided in the State and Federal Courts of the United States from 1873 [to 1908] on Subjects Relating to the Telegraph, the Telephone, Electric Light and Power, Electric Railway, and All Other Practical Uses of Electricity, with Annotations, Volume 3William Weeks Morrill M. Bender, 1895 |
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Common terms and phrases
action agent alleged appellant appellee applied authority board of electrical Brenham Brush Electric cables Central Passenger Railway cited in opinion claim common carrier complainant Constitution construction contract corporation council court of equity damages defendant's delivery demurrer dispatch duty Elec electric railway electrical conductors eminent domain entitled error evidence ex rel fact failure grant ground held highway horse imposed injunction injury judgment jury land Legislature liable limits mandamus municipal negligence nuisance operation ordinance pany parties penalty person plaintiff plaintiff in error poles and wires present purpose question railroad company railway company reason received recover road rule sender series cited statute street cars street railroad street railway Supreme Court tele telegram Telegraph Co Teleph telephone company thereof tion track transmission tricity trolley Union Telegraph Company W. U. Tel Western Union Telegraph William Kemmler
Popular passages
Page 600 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a 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 540 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.
Page 539 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 24 - 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 539 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 652 - The Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 21 - Constitution ; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth ; and also to impose and levy reasonable duties and excises, upon any produce, goods, wares, merchandise, and commodities whatsoever, brought into, produced, manufactured, or being within the same...
Page 593 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 837 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Page 149 - 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...