The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Հատոր 2

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Baker, Voorhis & Company, 1911 - 1517 էջ
 

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Waiting rooms
757
Office hours
759
Proper baggage
760
Unusual baggage
762
Regulation of Patrons Conduct 8 877 Regulations requiring prepayment
764
Regulations to prevent escape from payment
766
LIABILITY FOR DEFAULT CHAPTER XXVI
786
Usual course of performing service
793
Performance in unauthorized manner
794
Transportation over wrong route
795
Essential change by deviation
796
Excuses for Default in Performing Service 909 Natural forces
797
Governmental authority
798
Violent intervention
799
Interruption by strike
800
Interference of patron
801
Press of business
803
Liability Consequent upon Default 915 Delay must be negligent
804
CHAPTER XXVII
813
935 Duty to protect passenger
819
Obligation to protect guest
821
Blameworthiness must be shown
822
Basis of liability for unauthorized injury 939 Action outside of the employment
825
Cumulative liability where two services involved
826
Protection Against Injury by Third Parties 941 Limited extent of the duty
827
Protection against fellow passengers
828
Injuries from negligent conduct
830
Notice necessary for special requirements
831
Reservation of accommodations granted
832
Contract obligation to supply facilities
833
New business accepted without notification
834
Statutory definition of these obligations
835
Constitutionality of legislative regulation
836
Imperative need of the company itself
837
Emergency calls given precedence
838
Personal requirements
839
Perishable freight
840
Business needs of the country
841
Priority of accepted business
842
Right to assign facilities
843
Separate accommodations
844
Changing accommodations
845
Insistence upon the unit of service
846
Choice of facilities
847
Separation based upon race
848
Nor is discrimination permissible
849
Duty not to discriminate
850
Serving applicants in rotation
851
Acceptance of an instrument 1004 Such acceptance not conclusive 1005 Where consideration is found 1006 Certain authorities more easily satisfied
874
Personal behavior of patron
879
Bringing dangerous things prohibited
880
Topic B Limitation of Exceptional Liability as Insurer 1007 Such limitation not inconsistent with public duty
884
Termination of the carriers liability as such 1036 End of transportation 1037 Reasonable time for removal 1038 Whether notification is necessary To...
912
Loss directly caused by delay
916
Loss merely concurrent with delay
917
Extreme liability according to other authorities
918
Negligence contributing to the catastrophe
919
REGULATION OF PUBLIC SERVICE
945
Duty of innkeepers to protect from third parties
947
Special protection in sleeping cars Topic D Duty to Act in Emergencies
948
Duty to meet emergencies
949
Duty to repair damage
950
Duty to stop performance
951
Duty to take appropriate action
952
General theory of the liability Topic A Abnormal Liability as an Insurer
960
Early liability in common calling
961
Subsequent development of the carriers liability
962
Franchise value upon purchase 1104 Franchise values not considered in rate regulation
965
The service must be public
968
The service must be upon a public basis
969
Service undertaken gratuitously
970
Compensation included in the whole transaction
971
The business must be carriage
972
Carriers liability not extended to other similar employments
973
The business must be innkeeping
974
The innkeepers liability not extended to other employments Topic C Extent of Normal Liability
975
Absolute and relative liability contrasted 977 Development of the rule requiring blameworthiness
977
Liability of the carrier of passengers
978
Liability of innkeepers for guests personally
979
Liability of telegraph companies
980
Liability of water companies
981
Liability of gas companies
982
Liability of electric companies Topic D Established Excuses from AU Liability
983
What constitutes act of
984
Act of God merely contributory
985
Damage by public enemies
986
How far the defense extends
987
Vice of the property
988
Natural propensities of animals
989
Values returned for taxation inconclusive 1106 Tax valuation does not estop the State
990
Cost of Reproduction as the Basis 1107 The Minnesota rule
991
The Federal courts opposed
992
Explanation of the California decisions
993
Factors disregarded by the reproduction rule
994
Abandonment of the investment test impolitic
995
Two principles still persist
996
CHAPTER XXXIII
997
Statutory regulation of such contracts
1008
Construction of the contract
1009
Conflict of laws
1010
Such stipulation inconsistent with public duty
1011
Authorities permitting such limitation
1012
Such stipulations invalid in other services
1013
Difficulties in the telegraph cases
1014
Services outside of the profession
1015
Services in course of business
1016
Arrangements with connecting services
1017
Stipulations in gratuitous arrangements
1018
Limitation of valuation generally permitted
1019
Qualification of this statement
1020
Liability limited to set amount
1021
Authorities opposed to such limitation
1022
Stipulation for notification of loss
1023
Little qualification of this doctrine
1024
Similar stipulations in telegraph blanks
1025
What time is reasonable
1026
Topic B Expenditures on the Plant 1158 Expense of maintaining equipment
1027
Losses due to accident
1028
When the undertaking is completed Topic A How Long Service Continues
1030
Interruption in transit
1031
Temporary absence from an
1032
Transfer to connecting service
1033
CHAPTER XXXV
1049
Economic Principles Affecting Rate Making 1220 Law of decreasing costs 1221 Exceptions to law of decreasing cost
1050
Reasonableness of the schedule as a whole
1061
Many elements to be taken into account
1062
Reduction of particular rates leaving sufficient total earnings
1063
Rule of proportionality in sharing costs
1064
Rates must be fair to all concerned
1065
Interests of the companies to be considered
1066
Interests of the public to be considered
1067
Accommodation of both sought
1068
1069 Enlightened policy in rate regulation
1069
Reasonableness of the separate rate
1070
Relation of the particular rate to the whole schedule
1071
Rates unreasonable in themselves
1072
Value of the service
1073
What the traffic will bear
1074
Making rates compared with levying taxes
1075
Service of unusual value
1076
Service not worth usual amount
1077
Average cost always modified 21
1078
Various theories as to proper capitalization
1080
Actual investment entitled to return
1081
Argument for the rule of total investment
1082
What is the actual cost
1083
Cost enhanced by fraudulent contract
1084
Plant built unnecessarily large
1085
Plant adapted for a larger population
1086
Construction now thought unwise
1087
Proportion of plant not now utilized
1088
Equipment long since superseded
1089
Capital sunk in past operations
1090
Normal capitalization outstanding unconclusive
1091
The problem of watered stock
1092
Abandonment of par values
1093
Passenger expelled at a regular station
1112
Change of destination during the journey
1113
Second journey on same train 1262 No separate charge for a part of the transit
1114
The Shipment the Unit 1263 Maritime freight
1115
Right to freight on land
1116
Effect of carriage over a portion of the journey
1117
No freight without delivery 1267 Effect of partial delivery
1118
Freight indivisible as a rule 1269 Entire freight when goods arrive damaged
1119
General principles as to additional charges
1120
PREVENTION OF DISCRIMI NATION CHAPTER XXXVII
1122
1
1123
Reasonableness of return now judicial question
1125
Fair return generally conceded
1126
Reasonable rates not necessarily profitable
1127
Reduction ruinous only to certain companies
1128
Possibility of increase of business at the lowered rates
1129
Reasonable profit upon each transaction
1130
Interest upon bonds protected
1131
Dividends upon stock protected
1132
Lower rates to exclusive customers sometimes permitted 1329 Comparison of these decisions 1330 Customers contracting for large amounts 1331 Cu...
1154
Betterments considered as maintenance
1160
Replacement considered as repair
1161
Renewal of equipment to offset depreciation
1162
Permanent improvements should not be annual charge
1163
New construction should be charged to capital account
1164
A liberal policy desirable
1165
Depreciation now generally allowed
1166
Full allowance still begrudged
1167
Refusal to allow depreciation
1168
Fund to repair depreciation
1169
Capitalization of past depreciation
1170
Payments into sinking fund
1171
Sinking fund for municipal bonds
1172
Amortization of franchise rights
1173
Complications in case of systems
1174
System generally taken as a whole
1175
Unprofitable portions of the line not considered
1176
Expenditures for different parts apportioned
1177
CHAPTER XXXIX
1181
Proper proportion of total costs
1191
Apportionment of separate costs to different services
1192
Allocation of joint costs
1193
Apportionment between interstate and intrastate business
1194
Apportionment of total expense
1195
Basis of the distribution
1196
Proportionate share of different classes
1197
Average rate per unit of service
1198
Recognition of the tonmile cost basis 1
1199
Tonmile cost basis not oppressive
1200
Authorities permitting disproportionate rates
1201
Authorities opposed to disproportion
1202
Cost of service insufficient in itself
1203
Current theories as to relative rates
1204
Amount of service asked as a factor
1205
Local business peculiarly expensive
1206
Special conditions affecting cost
1207
Circumstances of particular service
1208
Proportionate rates always legal
1209
Full extent of the doctrine
1210
What the traffic will bear
1211
Necessity of legal limitation
1212
Worth of the service to the individuals taken as a whole
1213
Cost of obtaining a substitute for the service
1214
External standards of value
1215
Rates reasonable per
1216
The Kansas City Stock Yards Case
1217
The Niagara Bridge Case
1218
These cases apparently distinguishable
1219
Necessary limitation upon these principles
1224
Equalization of commercial advantage
1225
Argument against preferential rates
1226
Conclusion as to proportional rate
1227
Conflicting theories still persist
1228
CHAPTER XXXVI
1230
Prevelance of classification
1231
History of railroad classification
1232
Usual division into classes
1233
Distribution of the burden by classification
1234
Reasonableness of classification requisite
1235
Influences determining proper classification
1236
Like classification for similar goods
1237
Different classification for dissimilar goods
1238
Business expensive to handle
1239
Service performed at lower cost Topic B Method of Firing Rates
1240
Basis upon which charges may be made
1241
Establishment of the unit of charge
1242
Methods of computing freights
1243
Different basis in supply services
1244
Requiring metering not discrimination
1245
Query as to the flat rate
1246
Justification of the minimum charge
1247
Impairing Obligation of Contract 1421 Contract character of charter privileges
1251
Express contractual provision necessary
1252
APPENDIX A THE INTERSTATE COMMERCE ACT 1 Regulation of transportation
1273
Unjust discrimination defined and forbidden 3 Undue or unreasonable preference or advantage forbidden
1278
The rule against discrimination Topic A Development of the Rule
1280
Evolution of the rule
1281
No law originally against discrimination as such
1282
Later rule against unreasonable differences
1283
Special rates may not be discriminatory
1284
Exclusiveness once held indispensable
1285
Discrimination as evidence of unreasonable rates
1286
Complainant charged more than regular rates
1287
Others charged less than regular rates
1288
Outright discrimination universally condemned
1289
Modern law against all discrimination
1290
Complaints to commission
1291
Commission must make reports
1292
What amounts to a rebate
1293
Sanctity of the schedule rate
1294
Explanation of this policy
1295
Decisions inconsistent with this policy
1296
Continuing contracts no justification
1297
Whether contracts are different
1298
Rule not limited to discrimination between competitors
1299
Rule universal in public service
1300
Giving free passes discrimination
1301
Statutory exceptions usually made
1302
Reductions for charitable purposes
1303
Concessions for government business
1304
Reductions for general classes
1305
No obligation to grant such concession
1306
Annual reports of the commission
1307
Persons and property that may be carried free or at reduced rates 23 Jurisdiction of United States courts 24 Constitution of the commission
1309
What constitutes illegal discrimination
1310
Concessions once allowed in competition
1311
Competitive conditions no justification
1312
Concessions to get outside business
1313
Rebating to get business illegal
1314
Competitive rates for through business
1315
Additional services performed for certain customers
1316
Customers induced to make expensive preparations
1317
Whether concessions may be made to large customers
1318
Unreasonable differences universally forbidden
1319
Reasonable differences sometimes permitted
1320
Authority for such differentials
1321
Prevelant doctrine against such concessions
1322
Services to large and small customers practically identical
1323
Company need never grant such reductions
1324
Whether exclusive policies may be adopted
1325
Such discriminations foster monopolies
1326
Those who use rival line charged more than usual
1327
APPENDIX D
1330
FORMS FOR PROCEEDINGS INVOLVING COMMISSIONS
1339
Terminal facilities furnished by shippers
1356
Transportation expenses paid by shipper
1357
Rental paid for shippers cars
1358
Bonded indebtedness beyond actual value 1095 Stock issues based upon surplus earnings
1362
Securities issued upon re reorganization 1097 State scrutiny of the issue of securities 1098 Existing capitalization hardly excessive Topic C Present V...
1363
Unjust rates between localities
1371
Evidence of disproportionate charging
1372
Railroad rates not upon a mileage basis
1373
Various systems of making distance rates
1374
Long and short haul
1375
The similar circumstances proviso
1376
Competition as a justification for disproportion
1377
Undue preference
1378
Argument for competitive rates
1379
Competitive rates must not be ruinous 1381 Reconsignment arrangements
1381
Back freights
1382
Equalization of economic advantage
1383
Law against commercial equalization
1384
No obligation to make preferential rates
1385
Due consideration of true differences
1386
Disproportionate rates for different services
1387
Charging what the traffic will bear
1388
Difference in rate between freight classes
1389
Differences should not be grossly disproportionate
1390
Comparison the basis of the differential
1391
Difference in commodity rates
1392
Negligence in not avoiding the catastrophe
1393
Improper to equalize values
1394
Absolute liability the result of deviation
1395
Absolute liability of special contract
1396
Discrimination inconsistent with public duty
1397
Allowances for facilities closely scrutinized 1360 Allowances for facilities still permissible
1398
Proration of limited supply
1413
Distribution of cars to stations
1414
Contracts made by municipal ordinance
1424
Loss of the privilege
1425
Assignment of the privilege
1426
The doctrine of the Granger cases
1427
Early modification of the doctrine
1428
Fair return finally protected
1429
End of innkeepers liability as such
1433
Interference by patron
1439
Assumption by patron
1440
LIMITATION OF LIABILITY 1000 Limitation upon liability possible Topic A Methods of Making Limitations
1441
Principle applicable in all public service 1249 Unit must be reasonable
1479
Reasonableness of the period fixed 1251 Minimum rate distinguished from equipment charge
1480
Restriction of patrons position 882 Passengers forbidden upon platforms
1485
Regulations governing the supply 884 Use made of equipment Topic D Regulations Relating to Tickets 885 Ticket may be made indispensable 886 ...
1486
Initial unit distinguished from repeat unit
1508
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Էջ 959 - And, in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of Its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right In each case. We do not say that...
Էջ 1266 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Էջ 1265 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Էջ 1255 - 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...
Էջ 1264 - ... the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed.
Էջ 1250 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Էջ 1265 - Such attendance of witnesses and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Էջ 1261 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Էջ 1301 - ... in respect to the transportation of any property in interstate or foreign commerce by any common carrier subject to said act to regulate commerce and the acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said act to regulate commerce and the acts amendatory thereof, or whereby any other advantage is given or discrimination is practiced.
Էջ 1283 - That nothing in this Act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments...

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