American Electrical Cases (cited Am Electl. Cas.): Being a Collection of All the Important Cases (excepting Patent Cases) Decided in the State and Federal Courts of the United States from 1873 [to 1908] on Subjects Relating to the Telegraph, the Telephone, Electric Light and Power, Electric Railway, and All Other Practical Uses of Electricity, with Annotations, Volume 9
William Weeks Morrill
M. Bender, 1910 - Electrical engineering
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accident action affirmed alleged amount answer appears appellant applied assumed authorities building carried cause charged circuit circumstances claim coming complaint condition connection construction contract corporation court damages danger death deceased defective defendant defendant's direct duty effect electric light electric light company entered erected error evidence exercise existed fact fall feet fire follows furnish further given granted ground hand held hold injury instruction insulation judgment jury knowledge known liable light wire maintain matter necessary negligence operation opinion ordinary parties passed performance persons plaintiff plant pole premises present proper proximate question railway reason received recover respondent result rule safe servant shock side street sufficient supply sustained telephone telephone wire testified testimony tion trial verdict wires witness
Page 707 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 643 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 642 - The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. If it be capable in its natural state of being used for purposes of commerce, no matter in what mode the commerce may be conducted, it is navigable in fact, and becomes in law a public river or highway.
Page 854 - July 13, 1900, this cause came on to be heard at this term, and was argued by counsel, and upon consideration thereof It Is ordered, adjudged, and decreed as follows: (1) The preliminary Injunction entered October 24, 1905, Is dissolved.
Page 723 - Appellant contends that the evidence shows as a matter of law that plaintiff was guilty of contributory negligence.
Page 606 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Page 643 - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
Page 381 - The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes Ľnd the responsible ones, though they may be nearer in time to the result.
Page 625 - But in its proprietary or private character, the theory is that the powers are supposed not to be conferred, primarily or chiefly, from considerations connected with the government of the State at large, but for the private advantage of the compact community which is incorporated as a distinct legal personality or corporate individual...