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

Bruce Wyman

Baker, Voorhis & Company, 1911 - 1517 pages

Preview this book »

Selected pages

Title Page

Table of Contents

Index

854 No part of the system given preference	707

CHAPTER XXIV	715

Apportionment of cars to shippers	734

Basis of prorating cars	735

Private facilities considered in the apportionment	736

CHAPTER XXV	739

887 Extra charge when fare is paid on train 888 No opportunity to obtain ticket 889 Ticket agents mistake 890 Mistakes of the conductors 891 Argu...	740

Timetables	755

Reasonable profit upon each transaction	1130

1131 Interest upon bonds protected	1131

Dividends upon stock protected	1132

Current rate of return	1133

Reasonable profits sufficiently safe	1134

Unreasonable profits not protected	1135

Business profit now recognized	1136

Greater profit for better service	1137

Waiting rooms	757

Office hours	759

Proper baggage	760

Unusual baggage	762

Regulation of Patrons Conduct 877 Regulations requiring prepayment	764

Regulations to prevent escape from payment	766

Personal behavior of patron	768

Bringing dangerous things prohibited	769

Restriction of patrons position	770

Passengers forbidden upon platforms	771

Regulations governing the supply	772

Argument for the carrier	784

LIABILITY FOR DEFAULT CHAPTER XXVI	786

Reasonable time allowed for performance	789

Special circumstances calling for haste	790

Adherence to schedule time	791

Topic B Deviation from the Undertaking 905 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	797

909 Natural forces 910 Governmental authority	798

Violent intervention	799

Interruption by strike	800

Interference of patron	801

Press of business	803

Liability Consequent upon Default	804

PROTECTION OWED DURING PERFORMANCE 930 Extent of duty to protect Topic A Duty to Care for Patrons 931 Duty to care for patrons 932 ...	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

830 Proper management Topic A Arrangements Made for Facilities	830

831 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

837 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

843 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

850 Duty not to discriminate	850

Serving applicants in rotation	851

The innkeepers liability not extended to other employments	856

Extent of Normal Liability	857

976 Absolute and relative liability contrasted 977 Development of the rule requiring blameworthiness 978 Liability of the carrier of passengers	858

Liability of innkeepers for guests personally	860

Liability of telegraph companies	861

Liability of water companies	862

Liability of gas companies 983 Liability of electric companies	864

Established Excuses from All Liability 984 What constitutes act of	866

Act of God merely contributory	867

Damage by public enemies	868

How far the defense extends	869

Vice of the property 989 Natural propensities of animals	870

Interference by patron	871

Assumption by patron	872

CHAPTER XXIX	874

Such acceptance not conclusive	880

Where consideration is found	882

Certain authorities more easily satisfied	883

Use made of equipment	884

885 Ticket may be made indispensable	885

Failure to produce ticket	886

Conflict of laws	887

Stipulations against Liability for Negligence 1011 Such stipulation inconsistent with public duty	888

Authorities permitting such limitation	890

Such stipulations invalid in other services	891

Difficulties in the telegraph cases	892

Services outside of the profession	894

Services in course of business	895

Arrangements with connecting services	896

Stipulations in gratuitous arrangements	898

Validity of Special Stipulations 1019 Limitation of valuation generally permitted	899

Qualification of this statement	900

Liability limited to set amount	902

Authorities opposed to such limitation	903

LIMITATION OF LIABILITY	904

Little qualification of this doctrine	906

Similar stipulations in telegraph blanks	907

What time is reasonable	909

CHAPTER XXVIII	912

915 Delay must be negligent	915

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

Reasonable time for removal	921

Whether notification is necessary	922

Topic B How the Service Is Terminated 1039 Extent of obligation to deliver	923

Delivery by express companies	924

Delivery by telegraph companies	926

Delivery of goods by railroad companies	928

Delivery of bulky freight	930

Setting down passengers	932

Whether Delivery Is Properly Made 1045 Performance according to instructions	934

Legal excuse for withholding delivery	936

Delivery to true owner 1048 Delivery to wrong person	938

Delivery to the designated person	940

Demurrage charges	941

Full completion of performance	943

REGULATION OF PUBLIC SERVICE	945

RESTRICTION OF CHARGES CHAPTER XXXI	947

960 General theory of the liability	960

961 Early liability in common calling Topic A Abnormal Liability as an Insurer	961

Subsequent development of the carriers liability	962

1103 Franchise value upon purchase 1104 Franchise values not considered in rate regulation 1105 Values returned for taxation inconclusive 1106 T...	965

Cost of Reproduction as the Basis 1107 The Minnesota rule 1108 The Federal courts opposed 1109 Explanation of the California decisions	966

Factors disregarded by the reproduction rule	994

Abandonment of the investment test impolitic	995

Two principles still persist	996

CHAPTER XXXIII	997

Rates fixed must not produce a deficit	999

1000 Limitation upon liability possible Topic A Methods of Making Limitations	1000

1001 Mere notice not sufficient	1001

Special contract necessary	1002

CHAPTER XXXIV	1020

1150 Real cost of operation Topic A Cost of Performing Service	1021

1031 Interruption in transit	1031

Temporary absence from an	1032

Transfer to connecting service	1033

1178 Constituent companies operated under separate charters	1046

Rent of leased portions	1047

If rental becomes unjustifiable	1048

CHAPTER XXXV	1049

Economic Principles Affecting Rate Making 1220 Law of decreasing costs	1050

1061 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

Enlightened policy in rate regulation	1069

1070 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	1078

1080 Various theories as to proper capitalization Topic A The Original Cost as the Commonlaw Basis	1080

1081 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

1091 Normal capitalization outstanding unconclusive	1091

The problem of watered stock	1092

Abandonment of par values	1093

Bonded indebtedness beyond actual value	1094

Stock issues based upon surplus earnings	1095

Securities issued upon reorganization	1096

State scrutiny of the issue of securities	1097

Existing capitalization hardly excessive	1098

1099 Protection of present values	1099

Original cost as affecting present value	1100

Value as a going concern	1101

Whether return allowed on such value	1102

Topic B What Constitutes Illegal Discrimination 1293 What amounts to a rebate 1294 Sanctity of the schedule rate	1122

1125 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

1138 Larger returns in risky enterprises	1138

Public service has its peculiar risks	1139

Explanation of this policy	1140

Decisions inconsistent with this policy	1141

Continuing contracts no justification	1142

Whether contracts are different 1299 Rule not limited to discrimination between competitors 1300 Rule universal in public service	1145

Giving free passes discrimination	1146

Statutory exceptions usually made	1147

Reductions for charitable purposes	1149

Concessions for government business	1150

1151 Cost of rendering service	1151

Salaries paid to officials	1152

Expenditures to get business	1153

Current taxes	1154

Outstanding loans	1155

Interest payable	1156

Dividends declared	1157

1158 Expense of maintaining equipment	1158

Losses due to accident	1159

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

1166 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

1174 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

Supply put to different uses 1336 Discrimination in such supply	1178

Commodities carried of different character	1179

Supply under different conditions	1180

CHAPTER XXXIX	1181

Topic B Service in More Convenient Units 1348 Shipment in carloads	1187

Shipments made in bulk	1188

Comparison of bulk and package rates	1189

1190 Various theories as to rate making Topic A Cost of the Service as the Basis	1190

1191 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 1200 Tonmile cost basis not oppressive 1	1199

Indefinite considerations considered dangerous	1200

Authorities permitting disproportionate rates	1201

Authorities opposed to disproportion	1202

1203 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

Law against commercial equalization 1385 No obligation to make preferential rates 1386 Due consideration of true differences	1220

Topic B Discrimination Between Services Rendered 1387 Disproportionate rates for different services	1221

Charging what the traffic will bear 1389 Difference in rate between freight classes	1222

Differences should not be grossly disproportionate 1391 Comparison the basis of the differential	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

1231 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	1240

1241 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

Scope for State police power	1248

Effect of action by Congress	1249

Power of Congress to regulate	1250

Impairing Obligation of Contract 1421 Contract character of charter privileges	1251

Express contractual provision necessary	1252

Conferring powers does not create contract 1424 Contracts made by municipal ordinance	1253

Loss of the privilege	1254

1255 Passenger cannot take two journeys for a single fare	1255

Two partial fares for a single journey	1256

Part of journey completed before fare collection	1257

Resumption of journey by ejected passenger	1258

Passenger expelled at a regular station	1259

Change of destination during the journey	1260

Second journey on same train	1261

No separate charge for a part of the transit	1262

1263 Maritime freight	1263

Right to freight on land	1264

Effect of carriage over a portion of the journey	1265

No freight without delivery	1266

Effect of partial delivery	1267

Freight indivisible as a rule	1268

Entire freight when goods arrive damaged	1269

General principles as to additional charges	1270

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

1280 The rule against discrimination Topic A Development of the Rule	1280

1281 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

Commission may prescribe rates and classifications	1293

Award of damages by commission	1298

16a Commission may grant rehearings	1300

Form of procedure	1301

Organization of the commission 19 Office of the commission	1302

Annual reports to commission	1303

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

1310 What constitutes illegal discrimination Topic A Concessions to get Competitive Business	1310

1311 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

1318 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

1325 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

Units in passenger service	1353

Operating units in supplying service	1354

Such reductions apparently discriminatory	1355

1356 Terminal facilities furnished by shippers	1356

Transportation expenses paid by shipper	1357

Rental paid for shippers cars	1358

Negligence in not avoiding the catastrophe	1393

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

Early modification of the doctrine	1428

Fair return finally protected	1429

End of innkeepers liability as such	1433

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

Initial unit distinguished from repeat unit	1508

Copyright

Other editions - View all

The Special Law Governing Public Service Corporations, and All ..., Volume 2
Bruce Wyman
Full view - 1911

View all »

Common terms and phrases

Adams Express Co Alabama carriage charge Chicago & N. W. City coal Comm Commerce Court common carrier common law conductor contract cost court delay discrimination duty excuse Express fare freight Georgia graph held liable Indiana injury innkeeper Interstate Commerce Interstate Commerce Commission Iowa Kansas liability loss Louis lower rate Mass Massachusetts Michigan Minn Minnesota Missouri N. R. R. Co N. Y. Supp negligence North Carolina Ohio St Pacific Pacific Express Co pany passenger patron Pennsylvania persons principles proper protect public service railroad company Railway reasonable regulation rule schedule shipment shipper sleeping car Southern Southern Express Co station supra Tenn Tennessee Texas ticket tion Topic train transportation United unreasonable West Virginia Western Union Tele Western Union Telegraph York Рас

Popular passages

Page 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...‎

Appears in 872 books from 1816-2007

Page 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.‎

Appears in 585 books from 1819-2005

Page 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...‎

Appears in 542 books from 1856-2005

Page 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...‎

Appears in 680 books from 1792-2000

Page 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.‎

Appears in 321 books from 1856-2006

Page 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.‎

Appears in 415 books from 1833-2003

Page 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.‎

Appears in 523 books from 1798-2005

Page 1261 - ... act, matter or thing in this act prohibited or declared to be unlawful...‎

Appears in 601 books from 1798-2005

Page 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.‎

Appears in 273 books from 1856-2006

Page 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...‎

Appears in 437 books from 1856-2006

Bibliographic information

Title	The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Volume 2 Making of modern law The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Bruce Wyman
Author	Bruce Wyman
Publisher	Baker, Voorhis & Company, 1911
Original from	the University of California
Digitized	24 Mar 2008
Length	1517 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home