The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Volume 1

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Baker, Voorhis & Company, 1911 - 1517 pages
 

Selected pages

Contents

The miller
11
The innkeeper
12
The carrier 14 The ferryman 15 The wharfinger
13
Topic B Persistence of this Police Power 16 Continuance of State regulation
14
Parliamentary regulation of rates 18 Restriction of prices in the colonies
15
Persistence of the legislative power
16
Survival of the common
17
Callings connected with transportation
18
Introduction of improved highways 23 Toll bridges
19
Turnpikes
24
Canals
25
Railways
26
Regulations requiring prepayment
32
Separate accommodations
33
ESTABLISHMENT OF PUBLIC CALLING
37
PUBLIC EMPLOYMENT CHAPTER II
39
Telegraph lines
49
Pipe lines
51
Transmission lines
52
Elevated conveyors
53
Lumber flumes 63 Mining tunnels
54
Aid from Taxation 64 Public purposes of taxation
55
Gristmills
56
Sawmills
57
Drainage
58
Sewerage 69 Cemeteries
59
Hospitals
60
Use of Public Highways 871 Public purposes in highway
61
River improvements 73 Booms
62
Sluices 75 Turnpikes
63
Street railways
64
Subways 78 Wire conduits
65
Pole lines
66
Constitutional situation as to special privileges
67
CHAPTER III
69
Proper conduct of the undertaking
78
The function of regulations
79
Inherent limitation upon competition
90
Gas works
91
Fuel
93
Natural
94
Water powers Topic B Scarcity of Sites
95
Scarcity of advantageous sites
96
Steam heat
97
Refrigeration 117 Public need creates public interest
98
CHAPTER IV
100
Railway terminals
105
Railway bridges
106
Car ferries
107
Railway tunnels 129 Union railways
108
Belt lines
110
Topic B Service on a Large Scale 131 Disadvantages of the individual 132 Signal service
111
861 Who may make regulations
120
Grain elevators
121
Cold storage
124
Safe deposit vaults 145 Market places
125
Stock exchanges Topic D Subordinate Services 147 Dependent position
126
Port lighters 149 Floating elevators
127
Tugboats
128
Switching engines 152 Parlor cars
129
Sleeping cars
130
Refrigerator cars 155 Tank cars
132
Necessary regulation of virtual monopoly
133
CHAPTER V
135
Railways
151
Industrial railways 178 Express companies
152
Pneumatic tubes
153
Dispatch companies
154
Fast freight lines 182 Ferries
155
Ships
156
Stagecoaches 185 Omnibus lines
157
Hacks 187 Taxicabs Topic B Carriers of Passengers
158
Passenger railways
159
Street railways
160
Elevated railways 191 Underground railways
161
Interurban railways
162
Passenger elevators
163
Moving platforms
164
Pleasure railways 196 Common carriage as a public employment
165
River craft
167
Regulations for limiting the service
170
Permissive charter
179
Establishment of delivery limits 278 What limits are reasonable 279 Individual installation within the territory 280 Rights of abutting owners 281 Obl...
219
Public employmentcarter
228
Regular serviceshipmaster
229
Established charge expressmen
230
Indiscriminate serviceirrigation
231
Public professionwarehousing Topic C Characteristics of Private Business
232
Private contract as the basis
233
Occasional businesshouseholders
234
CHAPTER IX
253
What constitutes reasonable notice 318 Substituting one service for another 319 Results of consolidating services 320 Division of territory served
254
Divisibility of the innkeepers undertaking
263
Purposes for which water is supplied
264
Gas for illuminating and for fuel
265
Distinct kinds of telephone service
266
Profession to devote facilities
267
Profession to render service
268
Obligation limited to existing premises
269
OBLIGATIONS OF PUBLIC DUTY
281
DUTY TO THE PUBLIC CHAPTER X
283
Discontinuing a ferry
292
Making a warehouse private
293
Withdrawing a wharf from public
294
Giving up common carriage
295
Taking up a railway
296
Shutting off water supply
297
Discontinuing further gas supply
298
Duty devolved upon municipality
299
No excuse for default in charter obligation
300
Effect of absolute insolvency
301
Obligation persists so long as franchise retained
302
Right to withdraw from particular district
303
Doctrine applies only to constructed portions
304
Discontinuance by public permission
305
System constructed under permissive charter
306
Cases permitting partial withdrawal
307
Abandoned service must be separable
308
CHAPTER XI
311
Obligations of the subsequent relationship
332
The original obligation is sui generis
333
Nature of the obligation after acceptance
334
Chief reliance upon tort
335
No dependence upon contract
336
Essential elements in contract not necessary
337
Contract cannot be required
338
Applicant need not have the capacity to contract
339
Incapacity of the proprietor to contract no excuse
340
Relationship established although another pays
341
Statutory provisions for public service
342
Franchise provisions for public service
343
Shipment in carloads
351
Extent of obligation to deliver
356
CHAPTER XIII
366
When consideration is given for reduction
374
The journey is a single entire unit
385
Performance according to instructions
386
Conflict of laws
387
CHARACTERISTICS OF THE RATE
389
Draymen
398
No Public Duty Involved 498 Special concessions when no public duty involved 499 Special concessions for private business 500 Whether service ...
399
OPERATING EXPENSES
408
CHAPTER XXXIII
419
CHAPTER XV
431
Constitutionality of such statutes 538 Application of these statutes 539 Statutory regulation of connecting services 540 Policy of such legislation
432
Early liability in common calling
438
JUSTIFICATION FOR REFUSING SERVICE CHAPTER XVI
462
Service in unprofitable ways 578 Unprofitableness seldom an excuse 579 Particular service not indispensable 580 Substitute for service available
463
CHAPTER XVII
481
CHAPTER XVIII
502
CHAPTER XXVII
503
General principles governing reasonableness
511
Duty to care for patrons
520
Statutory requirements go further
526
Obligation to have transfer facilities at junction points
527
CHAPTER XX
547
Grain elevators storing their own grain 709 Constitutionality of statutory prohibition 710 Argument for radical
548
CONDUCT OF PUBLIC EMPLOY MENT
581
COMMENCEMENT OF SERVICE CHAPTER XXI
583
Service obtained by connivance 747 Bill of lading issued without goods 748 Jurisdictions holding carrier liable
584
PART VI
617
Responsibility for through cars 776 Relations with the dependent services Topic D Special Arrangements with Particular Classes 1777 Mail clerks 778...
618
CHAPTER XXIII
661
Absolute and relative liability contrasted
700

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Page 79 - 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 120 - 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 47 - There is no doubt that the general principle is favored, both in law and justice, that every man may fix what price he pleases upon his own property, or the use of it...
Page 16 - Under these powers the government regulates the conduct of its citizens one towards another, and the manner in which each shall use his own property, when such regulation becomes necessary for the public good.
Page 17 - In their exercise it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold.
Page 145 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.
Page 46 - The objects for which a corporation is created are universally such as the government wishes to promote. They are deemed beneficial to the country; and this benefit constitutes the consideration and, in most cases, the sole consideration of the grant.
Page 617 - He must be engaged in the business of carrying goods for others as a public employment, and must hold himself out as ready to engage in the transportation of goods for persons generally as a business, and not as a casual occupation. 2. He must undertake to carry goods of the kind to which his business is confined. 3. He must undertake to carry by the methods by which his business is conducted and over his established road.
Page 567 - One water company, or one telephone company, or one telegraph company, or one street railway company, or one railroad company while bound appropriately to serve the general public, cannot, unless under express statutory enactment, and by due process of law thereunder, be compelled to give its property to the uses and benefits of a rival except by some form of condemnation. The rival is not ordinarily to be included in the term 'general public.
Page 82 - ... applied to it, this would have to be done by the legislature (if not restrained from doing so by the constitution), before a demand for such use could be enforced by the courts.

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