A Treatise on the Law of Telegraph and Telephone Companies |
From inside the book
Page 236
... public interest , it ceases to be juris privati only . This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise De Portibus Moris , and has been accepted without objection as an essential element in the ...
... public interest , it ceases to be juris privati only . This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise De Portibus Moris , and has been accepted without objection as an essential element in the ...
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Other editions - View all
A Treatise on the Law of Telegraph and Telephone Companies Sidney Walter Jones No preview available - 2015 |
Common terms and phrases
accept acquired action addressee agent apply authority blank breach Brush Electric Cable Cable Co charges Chicago claim common carriers common law company's compensation condemnation connecting line construct contract of sending contributory negligence corporation court delay delivery diligence duty easement Electric eminent domain enforce evidence exercise fact failure franchise furnish Goodbar grant held highways imposed injury Iowa jury land latter liable limit losses caused mental suffering municipality necessary numbers Ohio St operator owner pany party person plaintiff poles Postal Postal Tel public enemy purpose question railroad company reasonable received regulations respect rule sage sender sent Southern Bell statute of frauds statutes stipulations streets tele telegram telegraph and telephone telegraph company telegraph lines telephone companies Tenn thereby therein tion tort transmit and deliver West
Popular passages
Page 232 - 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...
Page 486 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract itself...
Page 210 - -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 ; but if, for a particular purpose, the public have a right to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take the benefit of that monopoly, he must, as an equivalent, perform the duty attached to it on reasonable terms.
Page 666 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 222 - 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 621 - It has been observed that the powers remaining with the states may be so exercised as to come in conflict with those vested in congress. When this happens, that which is not supreme must yield to that which is supreme.
Page 358 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 131 - Congress assembled, that any telegraph company now organized, or which may hereafter be organized, under the laws of any State in this Union, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States...
Page 178 - In every case involving actionable negligence, there are necessarily three elements essential to Its existence: (1) The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains; (2) a failure by the defendant to perform that duty ; and (3) an injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...
Page 502 - ... most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.