A Treatise on Telegraph Law |
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Common terms and phrases
abutting property owner act of Congress aff'd Borough cable company is liable condemn a right consent construct its lines contract Cook on Corp corporation cross-arm Cumberland damages dash refer demnation Elec electric current electric-light company electric-light wire eminent domain employee enjoin erected franchise grant graph company guy wire highway Hudson River injunction injured jury Kansas land license fee light company Louisville & N. R. R. mandamus municipality N. J. Eq N. Y. App N. Y. Misc negligence numbers ordinance pany person phone company poles and wires Post Road act Postal Tel Postal Tel.-Cable Postal Telegraph-Cable Co railroad company railroad right rev'g Southern Bell Stat street railway string suit tele telegraph company telegraph line telephone company telephone pole telephone wire tion trees trolley company trolley pole United Western Union Western Union Tel York
Popular passages
Page 12 - Whenever any wire or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication otherwise than by the aid of electricity, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescription of any perpetual right to, such attachment or extension.
Page 162 - A license is issued under the police power ; but the exaction of a license fee with a view to revenue would be an exercise of the power of taxation ; and the charter must plainly show an intent to confer that power, or the municipal corporation cannot assume it.* 1 Society of Scriveners v.
Page 36 - Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated ; 4.
Page 25 - A railroad's right of way has, therefore, the substantiality of the fee, and it is private property, even to the public, in all else but an interest and benefit in its uses. It cannot be invaded without guilt of trespass. It cannot be appropriated in whole or part, except upon the payment of compensation. In other words, it is entitled to the protection of the Constitution, and in the precise manner in which protection is given.
Page 190 - It must also be remembered that there is no presumption of wrong arising from a change of rate by a carrier. The presumption of honest intent and right conduct attends the action of carriers as well as it does the action of other corporations or individuals in their transactions in life. Undoubtedly when rates are changed the carrier making the change must, when properly called upon, be able to give a good reason...
Page 12 - No railroad, plank road, turnpike or canal company shall be barred of, or presumed to have conveyed, any real estate, right of way, easement, leasehold, or other interest in the soil which may have been condemned, or otherwise obtained for its use, as a right of way, depot, stationhouse or place of landing, by any statute of limitation or by occupation of the same by any person whatever.
Page 154 - The legislative authority is required to enable it to do business in its corporate form, but such authority carries with it no lawful right to do an act which would be a trespass, if done by a private person conducting a like business. If either collects for pleasure or profit the subtle and imperceptible electric fluid, there would seem to be no great hardship in imposing upon it, or him, the same duty which is exacted of the owner of the accumulated water power; that of providing an artificial...
Page 155 - We are not prepared to hold that a person even in the prosecution of a lawful trade or business, upon his own land, can gather there by artificial means a natural element like electricity and discharge it in such volume that, owing to the conductive properties of the earth, it will be conveyed upon the grounds of his neighbor with such force and to such an extent as to break up his business, or impair the value of his property, and not be held responsible for the resulting injury.
Page 5 - ... having the pole put up or remain, nor the amount some other person might consider the rental value was depreciated for the purposes of his business ; but where the land of the plaintiff is not taken, nor his soil actually invaded, the measure of damages, as adjudged in many cases, is either...
Page 199 - ... shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland, of a crime and offence, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding three years.