Cases on Public Service Companies, Public Carriers, Public Works, and Other Public UtilitiesHarvard University Press, 1920 - 615 pages |
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Page 8
... error in the proceedings . It appears that , before the hearing of the appeal , the court discharged the jurors in atten- dance from two townships , without drawing them , as required by the 28th section of the act relative to juries ...
... error in the proceedings . It appears that , before the hearing of the appeal , the court discharged the jurors in atten- dance from two townships , without drawing them , as required by the 28th section of the act relative to juries ...
Page 9
... ERRORS OF SOUTH CAROLINA , 1838 . [ Rice , 383. ] RICHARDSON , J. This court has weighed the argument so well pre- sented on the part of the appellants , and appreciate its force . The practical power confided to the railroad company by ...
... ERRORS OF SOUTH CAROLINA , 1838 . [ Rice , 383. ] RICHARDSON , J. This court has weighed the argument so well pre- sented on the part of the appellants , and appreciate its force . The practical power confided to the railroad company by ...
Page 26
... error . This position is clearly untenable . The intervener came into court asserting the priority of its rights under its contract with the mortgagor . Such contract , or lease , is in the nature of a prior incumbrance , and it was ...
... error . This position is clearly untenable . The intervener came into court asserting the priority of its rights under its contract with the mortgagor . Such contract , or lease , is in the nature of a prior incumbrance , and it was ...
Page 27
... ERROR to the Circuit Court of Wood County . This action was brought in the Court of Common Pleas of Wood county , by the village of Bowling Green , to recover of the railroad company , plaintiff in error , a sum of money to reimburse ...
... ERROR to the Circuit Court of Wood County . This action was brought in the Court of Common Pleas of Wood county , by the village of Bowling Green , to recover of the railroad company , plaintiff in error , a sum of money to reimburse ...
Page 29
... error no greater charge than it exacted off others who had used its lights . The village had authority to fix the rates to be charged by the company for lights . Section 2478 , Revised Statutes . If the village authorities should fail ...
... error no greater charge than it exacted off others who had used its lights . The village had authority to fix the rates to be charged by the company for lights . Section 2478 , Revised Statutes . If the village authorities should fail ...
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Common terms and phrases
action affirmed agent alleged appellant appellee applied authority bill boats bound canal carriage carry cars cents charge charter Chicago Circuit Court coal commerce common carrier common law compel compensation complainant conductor connection constitutional contract corporation damages decree defendant company defendant's deliver demand demurrer discrimination duty elevator eminent domain enforce entitled established evidence exercise express company facilities fact fare franchise freight furnish Gordonsville grain held Ilwaco innkeeper judgment jury Justice legislative legislature liable live stock mandamus Milwaukie Nashua obligation operating opinion owner pany party passengers persons plaintiff in error principle proprietors purpose question Railroad Co railroad company railway company rates reasonable receive refused regulation relator respondent road rule shippers Solvay Company station statute steamboat streets supply SUPREME COURT telephone tendered ticket tion Topeka train transportation unreasonable warehouses Western Union writ writ of mandamus
Popular passages
Page 213 - Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines ; but this shall not be construed as requiring any such common...
Page 536 - 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 570 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby...
Page 476 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 52 - Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Page 570 - States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country...
Page 569 - ... from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States...
Page 599 - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 571 - ... keep itself informed as to the manner and method in which the same is conducted...
Page 600 - That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property ; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.