Cases on Public Service Companies, Public Carriers, Public Works, and Other Public UtilitiesHarvard University Press, 1920 - 615 страница |
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Страница 4
... entitled " An act to incorporate the Springfield Aqueduct Company . " This act authorized the taking of the springs before mentioned of Stearns , by purchase , and with certain other springs , the laying of an aqueduct for the purpose ...
... entitled " An act to incorporate the Springfield Aqueduct Company . " This act authorized the taking of the springs before mentioned of Stearns , by purchase , and with certain other springs , the laying of an aqueduct for the purpose ...
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... entitled to great weight , and might perhaps be considered conclusive . The most important of them are not so found . It may be that the charter was obtained for the mutual benefit of the log owners . Nevertheless , by its express terms ...
... entitled to great weight , and might perhaps be considered conclusive . The most important of them are not so found . It may be that the charter was obtained for the mutual benefit of the log owners . Nevertheless , by its express terms ...
Страница 17
... entitled to an injunction restraining the defendant from removing , cutting out , or in any manner interfering with the cables and conductors of the plaintiff . The exact relation that exists between plaintiff and defendant is not easy ...
... entitled to an injunction restraining the defendant from removing , cutting out , or in any manner interfering with the cables and conductors of the plaintiff . The exact relation that exists between plaintiff and defendant is not easy ...
Страница 18
... entitled to revoke the license at any time , and upon the revocatíon of the license all rights of the plaintiff in the sub- way ceased . The distinction between a license and an easement is stated in Wiseman v . Lucksinger , 84 N. Y. 42 ...
... entitled to revoke the license at any time , and upon the revocatíon of the license all rights of the plaintiff in the sub- way ceased . The distinction between a license and an easement is stated in Wiseman v . Lucksinger , 84 N. Y. 42 ...
Страница 19
... entitled to any relief in this action . The motion for injunction must therefore be denied , and temporary injunction vacated . JOHNSTON'S APPEAL . SUPREME COURT OF PENNSYLVANIA , 1886 . BRUSH ELECTRIC , ETC. CO . v . CONSOLIDATED , ETC ...
... entitled to any relief in this action . The motion for injunction must therefore be denied , and temporary injunction vacated . JOHNSTON'S APPEAL . SUPREME COURT OF PENNSYLVANIA , 1886 . BRUSH ELECTRIC , ETC. CO . v . CONSOLIDATED , ETC ...
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Страница 568 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby...
Страница 474 - 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.
Страница 567 - ... from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country...
Страница 394 - 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...
Страница 50 - 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 office of statutes is to remedy defects in the common law...
Страница 595 - 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...
Страница 568 - States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country...
Страница 569 - ... keep itself informed as to the manner and method in which the same is conducted...
Страница 596 - That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property ; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.
Страница 570 - Commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the Commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured ; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found.