American Electrical Cases: Being a Collection of All the Important Cases (except Patent Cases) Decided in the State and Federal Courts of the United States from 1873 [to 1908] on Subjects Relating to the Telegraph, the Telephone, Electric Light and Power, and Other Practical Uses of Electricity. With Annotations
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action addressee agent Akron alleged appellant appellant's appellee applied authority Bell Telephone breach Brush Electric cause cents charge Circuit Court cited in opinion claim common carrier complainant construction contract corporation damages defendant company defendant's delay delivered delivery demurrer dispatch duty electric electric current electrical conductors eminent domain entitled erection error evidence ex rel facts failure Grand Rapids grant gross negligence held highway injunction injury judgment jury liability license limits mandamus municipal Ohio operator ordinance owner pany party penalty person petition plaintiff plaintiff in error Port of Mobile privilege purpose question railroad Railway reasonable received recover regulations rule sender sending sent series cited statute stipulation streets Supreme Court sustained tele telegram Telegraph Co Teleph Telephone Company telephone exchange tion transmission transmit Union Telegraph Company W. U. Tel Western Union Telegraph wires
Σελίδα 838 - 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. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Σελίδα 487 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Σελίδα 806 - 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, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result...
Σελίδα 488 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the 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.
Σελίδα 728 - 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...
Σελίδα 861 - ... 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, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Σελίδα 488 - 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.
Σελίδα 54 - An Act to aid in the Construction of Telegraph Lines, and to secure to the Government the use of the same for postal, military and other purposes...
Σελίδα 87 - Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.