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

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

Selected pages

Contents

The victualler
9
The baker
10
The miller
11
The innkeeper
12
The carrier
13
The ferryman 15 The wharfinger Topic B Persistence of this Police Power
14
Continuance of State regulation
16
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
Exclusive franchise for public purposes
51
Ferries
52
Bridges
53
Bonded warehouses
54
Log driving Topic B Eminent Domain
55
Eminent domain for public purposes
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
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
Grain elevators
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
861 Who may make regulations
120
Tobacco warehouses
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
What constitutes act of
147
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
Tramways
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
270 Profession limited to original plant 271 Profession limited to natural supply 272 Carriage confined to established route Topic D Territorial Limits...
218
Establishment of delivery limits 278 What limits are reasonable 279 Individual installation within the territory 280 Rights of abutting owners 281 Obl...
219
Public service in regular course
227
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
Public inn and private house
240
Public and private highways of every sort
241
Public and private waterworks
242
Public and private gas and electricity
243
Public and private telephone and telegraph
244
EXTENT OF SERVICE PROFESSED
245
Limitations upon the profession Topic A Kinds of Service Undertaken
250
Extent to which limitations may be imposed
251
Businesses of limited scope
252
Obligation in respect to the usual class
253
No obligation to undertake different services
254
Carriage of valuables separable
255
Carriage of live stock
256
Carriage of rolling stock
257
Profession limited to car service
258
Extraordinary service in transporting freight
259
Extraordinary service in delivering freight
260
Separable services in general
261
Carriers of passengers and goods
262
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
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
Supply to incumbered premises 379 Services to separate premises 380 Supply to buildings divided into tenements Topic D Other Limitations to Parti...
311
331 Nature of the public duty
331
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
Discussion of the conflicting theories
349
Individual rights to fire protection
350
Commonlaw basis for individual rights
351
Extent of public interest
352
Personal character of the individual right
353
Statutory requirements for service
354
Statutory penalties for default
355
Extent of obligation to deliver
356
360 Inherent limitation of the public service duty Topic A Duty Limited to Travelers
360
361 Special need of travelers
361
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 Topic B Obligations Incidental to the Service
366
367 Persons properly upon the premises
367
Persons desiring shelter merely
368
Certain consequences of this doctrine
377
The journey is a single entire unit
385
Performance according to instructions
386
CHARACTERISTICS OF THE RATE
389
Whether carrier must receive goods in advance
391
How long in advance goods must be received
392
Acceptance long in advance
393
Goods tendered too late
394
Passengers must come at proper time
395
Services which may be demanded at any time
396
Timetables
397
Draymen
398
Tender of goods to the carrier
399
Placing goods in proper position not delivery
400
Passengers must be upon the premises
401
When passengers are accepted
402
Establishment of regular stations
403
Service at private sidings
404
Service only obligatory within proper territory
405
Services to abutting owners
406
Applicant must give notice
407
Requisitions made in advance
408
Effect of mere notification
409
Signal to passenger carrier
410
Formal application for supply
411
Use of telegraph blanks
412
413 Goods must be tendered properly packed
413
Freight loaded by shipper
414
Special freight may require special tender
415
Service upon fungible basis
416
Proper conditions imposed upon installation
417
Premises must be properly prepared
418
Conditions imposed must be reasonable
419
Improper conditions cannot be imposed
420
430 Payment as a condition Topic A Prepayment May Be Required
430
Prepayment made a condition
431
Compensation due upon acceptance
432
Service partially completed before demand
433
Deposit required when charges are undetermined
434
Whether different treatment constitutes discrimination
435
Security required for reply telegram
436
Security for additional charges
437
What is proper tender
438
Denomination of money tendered
439
Reasonable time to produce payment
440
Tender must be in proper currency
441
Waiver of prepayment
442
Conduct dispensing with tender Topic C The Unit of Service
443
Public service upon a unit basis
444
Company cannot insist upon more than one unit
445
The journey as a single unit
446
Forfeiture of right to original journey
447
Effect of outright repudiation
448
Present unit distinguished from past unit Topic D Payment of Arrearages Demanded
449
450 Payment for previous carriage not required
450
Payment of arrearages not generally required
451
Applicant in default at other premises
453
Payment of collateral claims cannot be demanded
454
Cannot urge anothers default
455
No requirement to pay arrears of predecessors
456
Assumption of predecessors arrears
457
Cannot shut off service for disputed arrearages
458
Character of the dispute
459
Waiver of right to refuse
460
CHAPTER XIV
462
Service in unprofitable ways 578 Unprofitableness seldom an excuse 579 Particular service not indispensable 580 Substitute for service available
463
Nature of the problem Topic A Public Duty Involved
470
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 478 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 Topic C Facilities for the Interchange of Business
524
Construction of physical connections not obligatory
525
Statutory requirements go further
526
Obligation to have transfer facilities at junction points
527
Natural forces
531
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
Obedience to executive orders
591
Subservience to military necessity
592
Prohibitions in administrative regulations
593
Obedience to legal processes
594
Contravention of charter limitations
595
Situation at expiration of franchise
596
597 Statutes expressly controlling service
597
The criminal law generally
598
Sunday laws
599
Liquor laws
600
Game laws
601
Health regulations
602
Participation in the illegality
604
Implication in illegality
605
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
Responsibility for through cars 776 Relations with the dependent services Topic D Special Arrangements with Particular Classes
618
Interference with the service
625
Persons bringing dangerous things
626
Dangerous persons
627
Suspected criminals
628
Violent passengers
629
Disorderly guests
630
Persons having contagious disease
631
Intoxicated persons
632
Profane patrons
633
Ejection governed by same general principles as rejection
634
Disabled persons in general
635
Persons subject to an incapacity
636
Blind persons
637
Sick persons
638
Insane persons
639
Arrested persons
640
Rejection for present misconduct
641
Rejection for past misconduct
642
Mail clerks
650
Express messengers
651
Employés of car companies
652
Division of natural
653
Service dependent on water power
654
655 Convulsions of nature
655
Storms and floods
656
Electrical disturbance
657
Normal conditions
658
Unavoidable accidents
659
When accommodations offered are exhausted
660
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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Common terms and phrases

Popular passages

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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