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

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

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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 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
19
Toll bridges
23
Turnpikes
24
Canals
25
Railways
26
Regulations requiring prepayment
32
843 Right to assign facilities 844 Separate accommodations 845 Changing accommodations 846 Insistence upon the unit of service 847 Choice of fa...
33
ESTABLISHMENT OF PUBLIC CALLING
37
PUBLIC EMPLOYMENT CHAPTER II
39
Turnpikes 76 Street railways 77 Subways 78 Wire conduits 79 Pole lines 80 Constitutional situation as to special privileges
40
Exclusive franchise for public purposes
42
Ferries
44
Bridges
45
Bonded warehouses
46
Log driving
47
Topic B Eminent Domain
48
Who are common carriers 133 Telegraph lines
49
Interruption in transit
53
Mechanical conveyors
54
Eminent domain for public purposes
56
Tramways
57
CHAPTER III
69
Topic A Restriction of Supply 91 Limitation of the sources of supply
70
Waterworks
71
Irrigation systems
73
860 The function of regulations Topic A Establishment of Regulations
79
Inherent limitation upon competition
90
Gas works
91
Fuel
93
Natural
94
Water powers
95
96 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
111
Submarine cables 136 Telephone systems
115
Ticker service
118
Associated press
119
Inadequacy of Available Substitutes 139 Insufficient substitutes for service
120
Public stores 141 Grain storage 142 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
Disadvantages of the individual
131
Signal service
132
Necessary regulation of virtual monopoly cars
133
CHAPTER V
135
Topic A Carriers of Goods agoners 161 Pack carriers
137
984 What constitutes act of
147
Automobile lines
149
Railways
151
Industrial railways 178 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
162
162
Porters
163
Hoymen
164
Shipmasters
165
Canal boats
166
River craft
167
867 Regulations for limiting the service 868 Regulations relating to acceptance 869 Reasonable conditions of performing service 870 Establishment ...
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
Public spur
195
Express assumption of a public trust
202
CHAPTER VIII
218
Private siding
226
Extraordinary service in transporting freight
228
Extraordinary service in delivering freight
229
Topic B Separable Services for Different Purposes 261 Separable services in general
230
Carriers of passengers and goods
231
Divisibility of the innkeepers undertaking
232
Purposes for which water is supplied
233
Gas for illuminating and for fuel 266 Distinct kinds of telephone service
236
Profession Defined by its Physical Limitations 267 Profession to devote facilities
237
Profession to render service
238
Obligation limited to existing premises
239
Change in municipal boundaries
245
Obligation beyond the profession
246
Establishment of delivery limits
247
What limits are reasonable
248
Individual installation within the territory
249
Rights of abutting owners
250
Obligation to the community
251
CHAPTER LX
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
Topic B To Whom the Obligation Is Owed 344 The duty is owed to a particular public
298
What constitutes a default to an individual
299
Applicants must be desirous of service
300
Application to test rights 348 Liability to sendee of telegram
301
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
Statutory requirements for service 355 Statutory penalties for default
309
Topic B Service Must Be Demanded at Proper Place 8 399 Tender of goods to the carrier
342
Placing goods in proper position not delivery
343
Passengers must be upon the premises
344
When passengers are accepted
345
Establishment of regular stations
346
Service at private sidings
347
Service only obligatory within proper territory
348
Services to abutting owners
349
There Must Be Application in Proper Form 407 Applicant must give notice
350
Requisitions made in advance
351
Extent of obligation to deliver
356
CHAPTER XIII
366
When consideration is given for reduction
374
Certain consequences of this doctrine
377
The journey is a single entire unit
385
Performance according to instructions
386
Payment of arrearages not generally required
388
CHARACTERISTICS OF THE RATE
389
Cannot urge anothers default 456 No requirement to pay arrears of predecessors
393
Assumption of predecessors arrears
394
Cannot shut off service for disputed arrearages
395
Character of the dispute 460 Waiver of right to refuse
396
Draymen
398
No Public Duty Involved
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
Special concessions when no public duty involved
424
Special concessions for private business
425
Whether service provided is necessary
426
Additional favors beyond obligation
427
Exclusive contracts in private capacity 503 Private activities often held ultra vires
429
CHAPTER XV
431
ILLEGAL DISCRIMINATION
432
English presumption of through carriage
434
American presumption of successive service
435
What constitutes connecting service
436
Topic B Mutual Obligations in Successive Service
437
Early liability in common calling
438
Whether freight must be taken in original cars 529 Such transportation now usually held obligatory
450
Qualifications of the doctrine 531 Provision of cars for further service
452
Statutory requirement of through facilities
453
Joint Through Routing and Rating 533 Through arrangements not obligatory
454
Initial company may select connecting line
455
Limitations upon joint rates 536 Statutory provision for through routes
457
Constitutionality of such statutes 538 Application of these statutes
458
Statutory regulation of connecting services 540 Policy of such legislation
460
JUSTIFICATION FOR REFUSING SERVICE CHAPTER XVI
462
Slight misbehavior
466
Personal objections 559 Immoral persons
467
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
Implication in illegality
493
Service indispensable to illegal business
495
Reasonable rejection usually justified
497
Proximity to the Illegality 610 Service promoting the illegality
498
Illegality prior to service
499
Illegality subsequent to service
500
Public policy the explanation
501
CHAPTER XVIII
502
CHAPTER XXVII
503
General principles governing reasonableness
511
515 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
Arrested persons
520
Observance of patrons directions
521
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
CHAPTER XIX
526
Enemy forces 667 Domestic violence
541
Refusal to receive because of strike
542
Refusal to receive because of violent strike
543
Situation when sympathetic strike
544
How employés of the carriers are affected
545
CHAPTER XX
547
Grain elevators storing their own grain 709 Constitutionality of statutory prohibition 710 Argument for radical
548
Undesirable persons
560
Supposed interest of patron
561
Wiser course for patron
562
Unwelcome service
563
Wrongful refusal
564
Race prejudice
565
Separation of the races
566
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
Sunday laws
599
Liquor laws
600
Game laws
601
Health regulations
602
Gaming statutes
603
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
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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