Cases on the Law of Public Service: Including the Law Peculiar to Common Carriers and InnkeepersLittle, Brown, 1924 - 738 páginas |
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Página 2
... held that it well lies as against a common carrier upon the land . Secondly , They held that the traverse was good . Wherefore the judgment was affirmed.1 1 " An express assumpsit was originally an essential part of the plain- tiff's ...
... held that it well lies as against a common carrier upon the land . Secondly , They held that the traverse was good . Wherefore the judgment was affirmed.1 1 " An express assumpsit was originally an essential part of the plain- tiff's ...
Página 11
... held to the perform- ance of its appropriate duties in its business intercourse with the travelling public.2 STATE v . BELL TELEPHONE CO . 23 Fed . 539. 1885.1 THIS was an application on the part of the Baltimore & Ohio Telegraph ...
... held to the perform- ance of its appropriate duties in its business intercourse with the travelling public.2 STATE v . BELL TELEPHONE CO . 23 Fed . 539. 1885.1 THIS was an application on the part of the Baltimore & Ohio Telegraph ...
Página 41
... held not to be valid . ED . 66 6 MR . JUSTICE BRADLEY , who concurred with the CHIEF JUSTICE , said later of Munn v . Illinois : The inquiry there was as to the extent of the police power in cases where the public interest is affected ...
... held not to be valid . ED . 66 6 MR . JUSTICE BRADLEY , who concurred with the CHIEF JUSTICE , said later of Munn v . Illinois : The inquiry there was as to the extent of the police power in cases where the public interest is affected ...
Página 47
... held that where an employment becomes a matter of such public interest and importance as to create a common charge or burden upon the citizen , in other words , when it becomes a practical monopoly , to which the citizen is com- pelled ...
... held that where an employment becomes a matter of such public interest and importance as to create a common charge or burden upon the citizen , in other words , when it becomes a practical monopoly , to which the citizen is com- pelled ...
Página 60
... held to be consti- tutional . Rateliff v . Wichita Union Stockyard Co. ( 1906 ) , 74 Kan . 1 , where the Court said in part : " The operation of stockyards has more of the characteristics of a public business than the carrying on of an ...
... held to be consti- tutional . Rateliff v . Wichita Union Stockyard Co. ( 1906 ) , 74 Kan . 1 , where the Court said in part : " The operation of stockyards has more of the characteristics of a public business than the carrying on of an ...
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Términos y frases comunes
action agent appellant appellee applied arguments of counsel Associated Press assumpsit authority bill bill of lading carriage carry cent charge charter Chicago coal Commission common carrier common law compel compensation conductor consignee Constitution contract corporation cost court damages defendant defendant's delivered delivery duty effect elevator eminent domain entitled exercise express companies fare fixed Fourteenth Amendment franchise freight furnish grain grant held imposed innkeeper Interstate Commerce Interstate Commerce Act Interstate Commerce Commission judgment jury JUSTICE legislative legislature liability limit monopoly negligence North Dakota obligation operation opinion are omitted owner pany parties passenger person plaintiff in error public interest public service purpose question railroad company railway company rates reasonable receive refused regulation rendered road rule shipper station statute steamboat street taxicab telegraph telephone ticket tion train transportation unreasonable warehouses York
Pasajes populares
Página 428 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Página 248 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward; neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.
Página 265 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Página 483 - ... which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same...
Página 416 - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Página 59 - Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Página 89 - 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.
Página 247 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process; but the law itself, as a rule of conduct, may be changed at the will or even at the whim, of the Legislature, unless prevented by constitutional limitations. Indeed, the great offices of statutes is to remedy defects in the common law...
Página 580 - And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Página 657 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts.