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

Bruce Wyman

Baker, Voorhis & Company, 1911 - 1517 halaman

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CHAPTER XXIV	707

9	723

Apportionment of cars to shippers	734

Basis of prorating cars	735

Private facilities considered in the apportionment	736

CHAPTER XXV	739

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

Timetables	755

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

Larger returns in risky enterprises	1138

Public service has its peculiar risks	1139

PROHIBITION OF DISCRIMINATION	1143

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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The Special Law Governing Public Service Corporations, and All ..., Volume 1
Bruce Wyman
Tampilan utuh - 1911

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

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Judul	The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Volume 2 The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Bruce Wyman
Pengarang	Bruce Wyman
Penerbit	Baker, Voorhis & Company, 1911
Asli dari	University of California
Didigitalkan	24 Mar 2008
Tebal	1517 halaman

Ekspor Kutipan	BiBTeX EndNote RefMan

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