may then be heard; and the commission shall have power to make (Me.) For provisions as to accidents which may be applicable by virtue of § 455 Maryland. (p. 42 supra), see Ann. Code 1911, Art. 23, § 434. A provision relating to accidents which may apply to telephone companies Michigan. by virtue of P. A. 1913, No. 206, § 1, is found in P. A. 1909, No. 300, § 33. "The Commission or some member thereof, or some person deputed by it, shall investigate and make inquiry into every accident occurring in the operation of any Public Utility in this State, resulting in death, or injury to any person, of such gravity as to require the attention of a physician or surgeon. The testimony taken at such hearing shall be transcribed and filed in the office of the Commission. "(a) It is hereby made the duty of every Public Utility operating within this State, promptly upon the occurrence of any accident, such as is mentioned above, to report by telegraph followed by written report, the same to the Commission, in which report shall be stated the time and place of accident, the names of persons killed or injured, and in concise form the nature and cause of such accident. The Commission shall prescribe forms for the purpose of making such written reports. Reports of accidents as referred to in this Section. shall be included in the Commission's annual report to the Governor." Laws 1913, c. 52, § 27. Montana. Summarized information as to accidents must be included in the annual Nebraska. reports of companies. Stats. 1911, § 10657. For a provision relating to accidents, probably applicable only to railroads, Nevada. see Rev. Laws 1912, § 4578. (a) The commission shall investigate the causes of all accidents happening *** in connection with the operation of public utilities in the state, which, in the opinion of the commission, ought to be investigated. Any such investigation may be made by the full commission, or by a single commissioner, or by an agent of the commission, in such manner as the commission may determine. 'Relates to accidents upon railroads. New (N. H.) New Jersey. Oregon. Pennsylvania. "(b) Every railroad corporation and public utility shall report to the commission accidents occurring in connection with the operation of its business wherein loss of life occurs or any person is injured, or of such a nature as to endanger the safety, health or property of its consumers or the public, as and whenever directed by such rules and regulations as the commission may prescribe. "(c) Reports of accidents filed under the preceding paragraph shall not be made public otherwise than in the published reports of the commission." Laws 1911, c. 164, § 15, as am'd 1913, c. 145, § 16. "The board shall have power, after hearing, upon notice, by order in writing, to require every public utility as herein defined: "(g) To give such notice to the board as the board may by rule require of any and all accidents which may occur within this State upon the property of any public utility as herein defined or directly or indirectly arising from or connected with its maintenance or operation, and to investigate any such accident and to make such order or recommendation with respect thereto as in its judgment may be just and reasonable." Laws 1911, c. 195, § 17. § 73 of the Oregon law is practically identical with § 123 of the Indiana law, quoted above. Laws 1911, c. 279, § 73. "It shall be the duty of every public service company (x). To give immediate notice to said commission of the happening of any accident in or about, or in connection with the operation of its property, facilities, or service, wherein any person shall have been killed or injured; and to furnish such full and detailed report of such accident, within such time and in such manner as the commission shall, by general rule or special order, or otherwise, require. Such report shall not be open for public inspection, except by order of the commission, and shall not be admitted in evidence for any purpose in any suit or action for damages growing out of any matter or thing mentioned in said report." Laws 1913, No. 854,1 Art. II, § 1. "The commission shall appoint an investigator of accidents, whose duty it shall be to have charge of the investigation of — and to investigate, subject to the orders and direction of the commissi n the cause of any accident in or about, or in connection with, the operation of the property, facilities, or service of any public service company, wherein any person shall have been killed or injured, or property shall have been destroyed or injured, which may be assigned to him for investigation by the commission, or of the happening of which he may by due diligence obtain knowledge, and to make a full and complete report thereon to the commission; and also to report to the commission whether any public service company has failed to perform the duties prescribed by article two, section one (X), of this act, with relation to accidents of the happening of which, in the exercise of due diligence, he may obtain knowledge; and also to collate and tabulate all data, statistics, and other pertinent information for the use of the commission, obtained by him as the result of such investigations; and to make an annual report of such investigations to the commission, with recommendations as to means Effective January 1, 1914. or methods whereby such accidents may be averted; and to perform "Every public utility shall, whenever any accident attended with loss of human life, or serious injury occurs within this state, directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof, to the commission. In the event of any such accident, the commission, if it deem that public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless for the greater convenience of those concerned, it shall order the investigation to be held at some other place; and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall reasonably notify the public utility of the time and place of the investigation. The notice herein required to be given shall not be admitted as evidence or used for any purpose against such public utility giving such notice, in any suit, action or proceeding brought for damages growing out of any matter mentioned in said notice; nor shall such notice be admitted as evidence or be used for any purpose in any criminal proceeding brought against the public utility giving such notice, or against any of its officers, agents or employees, growing out of any matter mentioned in such notice." Laws 1912, c. 795, § 49. (Pa.) Rhode Island. The commission shall investigate accidents on railroads which result in South loss of life, and may investigate any accident not so resulting. Code 1912, § 3149. Carolina. See, also, §§ 3152, 3228. May apply to telegraph companies, § 3327; and to telephone companies, § 3162. The superintendent or manager of any line or plant shall immediately notify Vermont. the commission, in writing, of any accident resulting in loss of life or incapacitating any person from engaging in his usual vocations. The commission shall investigate as provided in § 4609 Pub. Stats. 1906 (accidents on railroads). Laws 1908, No. 116, § 7. "*** Said board shall make public its determination in regard to the cause of the accident so investigated, and cause a permanent record thereof to be made." Pub. Stats. 1906, § 4609. *** "Every public service company is hereby required to give im- Washington. (Wash.) Wisconsin. Illinois. Michigan. Nevada. West "The commission *** may investigate *** any acci dent resulting in death or injury to any person occurring in "Such witnesses may be examined as the commission may deem A provision practically identical with that in Indiape (§123), applying to telephone companies, appears in Stats. 1911, § 1797m-101. For a similar provision applying to telegraph companies, see Same, § 1797-30. "The commission shall have power to receive complaints regarding loss or damage occasioned by a public utility, and to make inquiry as to the methods of adjusting such claims. All claims against any public utility for loss of, or damage to, property, or for any other loss or damage, in connection with a public utility service, not covered by the preceding paragraphs of this section, if not acted upon within ninety days from the date of the filing of the claim with the public utility, may be investigated by the commission, in its discretion, and the results of such investigation shall be embodied in a special report which shall be open to public inspection." Laws 1913, p. 459,1 § 72. A provision similar to that in Nevada (quoted below), which may apply to telephone companies by virtue of P. A. 1913, No. 206, § 1, is found in P. A. 1909, No. 300, 42. 2 *** "All claims against any railroad2 for loss of or damage to property from any cause, or from any other service, if not acted upon within ninety days from the date of the filing of such claim with the railroad, may be investigated by the commission, in its discretion, and the result of such investigation shall be duly recorded and filed in the archives of the commission, be opened to examination by the public, and be embodied in the commission's next regular report. *** No provision is made for collecting claims. Rev. Laws 1912, § 4580. "Any person, firm or corporation claiming to be damaged by any violation of this act by any public service corporation, subject to the provisions of this act, may make complaint to the commission, as provided herein, and bring suit in his own behalf for the recovery of the damages for which such public service corporation may be 1 Effective January 1, 1914. Defined to include telephone and telegraph companies. liable under this act in any circuit court having jurisdiction. In any (W. Va.) A provision similar to that in Nevada applying to telegraph, not telephone, Wisconsin. companies, is found in Stats. 1911, § 1797-32. |