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

Front Cover
Baker, Voorhis & Company, 1911 - 1517 pages
 

Contents

The victualler
9
The baker
10
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
17
Restriction of prices in the colonies
18
Persistence of the legislative power
19
Survival of the common
20
Callings connected with transportation
21
Introduction of improved highways
22
Toll bridges
23
Turnpikes
24
Canals
25
Railways
26
Regulations requiring prepayment
32
843 Right to assign facilities
33
ESTABLISHMENT OF PUBLIC CALLING
37
PUBLIC EMPLOYMENT CHAPTER II
39
Telegraph lines
49
Mechanical conveyors
54
Public purposes of taxation
55
Gristmills
56
Sawmills
57
Drainage
58
Sewerage 69 Cemeteries
59
Hospitals
60
Use of Public Highways 71 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
900 Proper conduct of the undertaking
78
The function of regulations
79
Docks
84
Basins 104 Dry docks
85
Limitation of Time 105 Instant need creates monopoly
86
Innkeepers
87
Hackmen
88
Messenger service 109 Call boxes
89
Difficulty of Distribution 110 Inherent limitation upon competition
90
Gas works
91
Fuel
93
Natural
94
Water powers
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
111
Who may make regulations
120
Grain elevators Topic B Scarcity of Sites
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
Signal service
132
Necessary regulation of virtual monopoly
133
CHAPTER V
135
Express companies
152
Pneumatic tubes
153
Dispatch companies
154
Fast freight lines Topic B Carriers of Passengers 182 Ferries
155
Ships
156
Stagecoaches 185 Omnibus lines
157
Hacks 187 Taxicabs
158
Passenger railways
159
Street railways
160
Elevated railways 191 Underground railways
161
Interurban railways
162
Porters
163
Hoymen
164
Shipmasters
165
Canal boats
166
River craft
167
Regulations for limiting the service
170
Permissive charter
179
Taking out public license
180
Exercise of eminent domain
181
Acceptance of municipal franchises
183
Entering into municipal contract
184
Aid from taxation
185
Governmental participation
186
CHAPTER VII
188
Express assumption of a public trust
202
CHAPTER VIII
218
Establishment of delivery limits 278 What limits are reasonable 279 Individual installation within the territory 280 Rights of abutting owners 281 Obl...
219
CHAPTER IX
253
What constitutes reasonable notice 318 Substituting one service for another 319 Results of consolidating services 320 Division of territory served
254
OBLIGATIONS OF PUBLIC DUTY
281
DUTY TO THE PUBLIC CHAPTER X
283
Duty to act promptly
285
CHAPTER XXIX
292
What amounts to a rebate
298
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
Inherent limitation of the public service duty Topic A Duty Limited to Travelers 361 Special need of travelers
312
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
Carriers obligation limited to travelers
362
Innkeepers duty owed only to travelers
363
Who is a traveler?
364
How long one remains a traveler
365
When one ceases to be a traveler
366
Persons properly upon the premises
367
Persons desiring shelter merely
368
Persons assisting or meeting passengers
369
Convenience of the patron the test
370
Right involved is that of the person served
371
Extent of the duty to such persons
372
Special need of occupiers
373
Obligation limited to supply at premises
374
Necessity of telephone service at residence
375
Duty owed to occupiers
376
Certain consequences of this doctrine
377
The journey is a single entire unit
385
Performance according to instructions
386
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 p...
399
OPERATING EXPENSES
408
Effect of mere notification
409
Signal to passenger carrier
410
Formal application for supply
411
Use of telegraph blanks
412
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
JUSTIFICATION FOR REFUSING SERVICE CHAPTER XVI
462
Service in unprofitable ways 578 Unprofitableness seldom an excuse 579 Particular serviee not indispensable 580 Substitute for service available
463
The argument is close
471
No direct duty to the dependent service
472
Real duty is to patrons themselves
473
Conservative view of the duty involved
474
Progressive view of the duty involved
475
Necessity for the public service
476
conservative view
477
Comment thereon
478
radical view
479
Discussion thereof
480
Exclusive contracts with private car lines
481
Arrangements for hauling sleeping cars
482
conservative view
483
Objections thereto
484
radical view
485
Argument therefor
486
Access to connecting steamboats
487
No access owed except at wharf stations
488
Treatment of baggage transfer
489
Rights of competing draymen
490
Arrangements with stock yards
491
Contracts with grain elevators
492
CHAPTER XVIII
502
CHAPTER XXVII
503
General principles governing reasonableness
511
Obligation of initial service to take to connection
515
Special law applicable thereto
516
Special duty to make delivery to connection
517
Further duties of the initial service
518
Obligation of second service to accept
519
Peculiar rules relating thereto
520
Observance of patrons directions
521
Results of any disobedience
522
Discrimination permissible in granting favors
523
Discrimination forbidden where public duty involved
524
Construction of physical connections not obligatory
525
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
Service aiding immoral business
606
Service indispensable to illegal business
607
Reasonable rejection usually justified
608
Cases holding that rejection is at peril
609
PART VI
617
775 Responsibility for through cars 776 Relations with the dependent services Topic D Special Arrangements with Particular Classes
618
Expense of maintaining equipment
623
Rejection for present misconduct
641
Rejection for past misconduct
642
777 Mail clerks
650
Express messengers
651
Employés of car companies
652
Owners accompanying their shipments
653
Employés of contracting shippers
654
Concessionaires in general 783 Employés while on duty
655
Employés receiving independent service
657
Full liability in gratuitous service
658
Explicit limitation to private basis
659
Limitations upon the carriers obligation
661
Extended obligation of the railroads
662
Facilities unexpectedly become outgrown
663
Normal fluctuations of business
664
Division of facilities among applicants
665
Enemy forces Topic D Human Obstacles
666
Domestic violence
667
Refusal to receive because of strike
668
Refusal to receive because of violent strike
669
Situation when sympathetic strike
670
How employés of the carriers are affected
671
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 79 - 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 569 - 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 75 - The principle here announced is not new. It is as old as the common law itself. It has arisen in a multitude of cases affecting railroad, navigation, telegraph, telephone, water, gas, and other like companies...
Page 82 - We know of no authority, and none has been shown us, for saying that a business strictly juris privati will become juris publici, merely by reason of its extent. If the magnitude of a particular business is such, and the persons affected by it are so numerous, that the interests of society demand that the rules and principles applicable to public employments should be applied to it, this would have to be done by the legislature (if not restrained from doing BO by the constitution) before a demand...

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