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

Bruce Wyman

Baker, Voorhis & Company, 1911 - 1517 páginas

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CHAPTER XXIV	707

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

Waiting rooms	757

Office hours	759

Proper baggage	760

Unusual baggage	762

Worth of the service to the individuals taken as a whole	1213

Cost of obtaining a substitute for the service	1214

Law of decreasing costs	1220

Exceptions to law of decreasing cost	1221

Competition as a factor	1222

Policy for permitting competitive rates	1223

Necessary limitation upon these principles	1224

Equalization of commercial advantage	1225

Regulation of Patrons Conduct 877 Regulations requiring prepayment	764

Regulations to prevent escape from payment	766

LIABILITY FOR DEFAULT CHAPTER XXVI	786

Press of business	803

Liability Consequent upon Default 915 Delay must be negligent	804

CHAPTER XXVII	813

CHAPTER XXVIII	840

Insistence upon the unit of service	846

Choice of facilities	847

Separation based upon race	848

Nor is discrimination permissible	849

1003 Acceptance of an instrument 1004 Such acceptance not conclusive 1005 Where consideration is found 1006 Certain authorities more easily sati...	874

Personal behavior of patron	879

TERMINATION OF SERVICE CHAPTER XXX	912

Loss directly caused by delay	916

REGULATION OF PUBLIC SERVICE	945

RESTRICTION OF CHARGES CHAPTER XXXI	947

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 1105 Values returned for taxation inconclusive 1106 Tax val...	965

Cost of Reproduction as the Basis 1107 The Minnesota rule 1108 The Federal courts opposed 1109 Explanation of the California decisions 1110 Fact...	966

Absolute and relative liability contrasted	976

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	983

CHAPTER XXXIII	997

CHAPTER XXXIV	1020

Constituent companies operated under separate charters 1179 Rent of leased portions 1180 If rental becomes unjustifiable	1021

Transfer to connecting service	1033

CHAPTER XXXV	1049

Economic Principles Affecting Rate Making	1050

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

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

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

PREVENTION OF DISCRIMI NATION CHAPTER XXXVII	1122

CHAPTER XXXVIII	1154

System generally taken as a whole	1175

CHAPTER XXXIX	1181

Concessions to those with whom it deals 1366 Rates adopted to foster its interests	1182

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	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

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	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

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

Long and short hand provision 5 Pooling of freights and division of earnings forbidden 6 Printing and posting of schedules	1280

Continuous carriage of freights 8 Liability of common carriers for damages	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

THE COMMERCE COURT	1311

Suits to be brought by or against United States	1317

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

What constitutes act of	1351

Act of God merely contributory	1352

Abandonment of par values 1094 Bonded indebtedness beyond actual value 1095 Stock issues based upon surplus earnings	1362

Securities issued upon reorganization 1097 State scrutiny of the issue of securities 1098 Existing capitalization hardly excessive Topic C Present Valu...	1363

Unprofitable portions of the line not considered 1177 Expenditures for different parts apportioned	1386

Conferring powers does not create contract	1388

Enlightened policy in rate regulation	1389

Loss merely concurrent with delay 918 Extreme liability according to other authorities 919 Negligence contributing to the catastrophe 920 Negligenc...	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

Duty not to discriminate 851 Serving applicants in rotation 852 Proration of limited supply	1413

Distribution of cars to stations	1414

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

Damage by public enemies 987 How far the defense extends 988 Vice of the property 989 Natural propensities of animals 990 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

External standards of value 1216 Rates reasonable per se 1217 The Kansas City Stock Yards Case 1218 The Niagara Bridge Case 1219 These cases a...	1482

Bringing dangerous things prohibited 881 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

The journey is a single entire unit 1254 Ticket good only for through transportation	1512

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The Special Law Governing Public Service Corporations, and All ..., Volume 2
Bruce Wyman
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Título	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
Autor	Bruce Wyman
Editora	Baker, Voorhis & Company, 1911
Original de	Universidade de Harvard
Digitalizado	15 Ago 2008
Número de páginas	1517 páginas

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