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This rule extends to streets and highways. 779, as follows: The complaint in this case claims damages only for mental suffering. Commercial Union Telegraph Co. 61 Vt. 241. He continued, however, with Movie Ticker, at a salary of $200 a week, after the corporation commenced actively to function on January 1, 1935. The Court reversed the verdict on this ground. It is a necessary consequence that the property or quasi property rights acquired by the telegraph companies in the quotations under their contracts with the stock exchange are subject to regulation by public boards to the extent authorized by St. 784, and exercised by the order of the public service commission here under review. But, as has been pointed out, the telegraph companies as to their ticker service sent no messages from New York to the individual ticker subscriber. Francis R. Stark and R. H. Overbaugh, both of New York City (Ralph Kimball and John H. Waters, both of New York City, of counsel), for defendants Western Union Telegraph Co. and Roy B. The subsequent acts in delivering the information upon the tickers in the offices of their customers were new and independent transactions. But the Stolp suit was completely frustrated when Holland, Morny's attorney, allowed Jeanette Stolp, the defendant in the suit, to make sworn answers to interrogatories, in which she denied having had anything to do with the Morny machine. See, for example, Western Union Telegraph Co. James, 162 U.
564, 578; Atlantic Coast Line Railroad v. Glenn, 239 U. I am all worn out and tired from fighting your battles, and whether I go in this business or not is entirely up to you. Some have already been considered in the foregoing summary of the evidence, and as to these no further comment is required. They are able to secure patrons in the case at bar solely through the exercise of their public functions in and under the streets of Boston. The quotations, when collected and tabulated by the exchange, constitute its private property. There Sapp said that he would repair the clock if Hill would "let [Sapp] love and pet" her. 322, and Board of Trade of Chicago v. Cella Commission Co. 76 C. 28. Plaintiff in error urged under this assignment that, "plaintiff having sustained no damage other than for mental anguish, under the laws and decisions of the state of Alabama he was not entitled to recover. Any such individual, partnership, corporation or company desiring such permission shall petition to the council therefor. The defendants, Trans-Lux Daylight Picture Screen Corporation (hereinafter *194 referred to as "Trans-Lux"), and News Projection Corporation (hereinafter referred to as "News Projection"), were for a number of years, commencing in 1925, competitors in the business of manufacturing and leasing stock quotation projection machines; between them they controlled practically all of the available business in such machines in the United States. Subscribers are able to see any amendments made to the case. For example, the alleged assailant may have been so far away from the party claiming assault that it would be impossible to reasonably believe battery was imminent. 31) which was very similar, in many respects, to the act of 1907, now under examination. Notwithstanding the contract is unambiguous (Dozier v. Vizard Investment Co., In the recent decision in Western Union Telegraph Co. Speight, "The message was from Greenville, N. C., to Rosemary, in the same state, and was transmitted *Page 119 from Greenville through Richmond, Va., and Norfolk, to Roanoke Rapids, the delivery point for Rosemary.
It does not send the quotation to such users. The sending of the quotations from New York to Boston over wires in the ordinary course of telegraphy manifestly was interstate commerce. The amount of the payment to the stock exchange, so far as disclosed by the contract, bears no direct relation to the amount which the telegraph company may receive from its ticker service. Whatever may be its interest in the subject matter, it is not a necessary party. The state supreme court had occasion to determine the scope and effect of that act of 1899. Consequently the duties and obligations of a telegraph company do not arise entirely out of contract, being a quasi public institution. The immunities and characteristics which inhere in an original package are not applicable to such transactions and afford no protection against State regulation of retail sales or distribution of imports. Decker replied that in view of what had occurred, he could not recommend Morny for employment by Movie Ticker, and suggested that he go to a ranch in Montana and stay there for a reasonable time, in which event Decker would personally continue his salary. Decision Date||13 December 1910|. Mutual Film Corp. Industrial Commission of Ohio, 236 U. Upon that question it is not necessary to express any opinion. Western Union Telegraph Co. Hill Facts: In Western Union Telegraph Co. Hill (1933), Sapp, and employee of Western Telegraph Co. was called by the wife of business owner J. It was held in that case that a telephone company, under its right to construct and operate a telegraph, was empowered by statute to establish a telephone service.
Defendant states that he did not try to touch the Plaintiff, nor could he have possibly done so because of the width and the height of the counter in between them. Since the decision in the circuit court, this court has decided the case of Ex parte Young, 209 U. It is appropriate that that question should first be considered and determined by the court of original jurisdiction. It is the "transmission of intelligence within the Commonwealth by electricity, " and "service" connected therewith as the word "service" is used in §§2, 10, 14, 17, 20, 22, 23 of the statute.
A temporary injunction was issued, and thereafter the defendant demurred and answered at the same time. May a tele hone company, of right, and without reference to the will of the states, construct and maintain its wires in every city in the territory in which it does business? As such they are entitled to every protection afforded by law to any other private property. 2) On a y route conceded by the committee on streets, and accepted by the company, the said company shall, under the direction of the city engineer, so place its poles and wires as to allow for the use of the said poles by the fire alarm and police telegraph, in all cases giving the choice of position to the city's wires, wherever it shall be deemed advisable by the council or the proper committee to extend the fire alarm and police telegraph over such route. Agent of the Defendant came on to Plaintiff in a sexual manner while at work and while under the influence of whisky. 236, Hunt v. New York Cotton Exchange, 205 U. Page 368. subscriber shall have signed in duplicate an application therefor addressed to the Telegraph Company, and the subscriber shall have been approved by the Exchange, " the intent of which is declared to be "only to prevent the unlawful or improper use of such quotations. " Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case. On August 7, 1935, Talbot, one of the men associated with Morny, went to the Fenner & Beane office at about 9:30 A. M., and found the glass in the door leading from the main hall to the room where the machine was installed broken, and the machine partly disassembled. That plaintiff telephoned from Atlanta to Gainesville about making arrangements for bringing the child home. News Projection Corp. v. Trans-Lux Daylight Picture S. Corp., 2 Cir., 25 F. 2d 633. Rehearing Denied June 30, 1909. 157, 163, which illustrate that principle, are inapplicable to the facts in the case at bar. In this suit, Movie Ticker and News Projection filed separate answers, in which each set up a counterclaim charging Morny with disloyalty.
However, when it simply appears that actual battery might have been difficult or unlikely, it is for the jury to decide whether the party claiming assault could have had the requisite apprehension of imminent battery. It is likewise a fundamental principle that the laws of the state can have no binding force proprio vigore outside of the territorial limits and jurisdiction of the state enacting them. Reasoning: It is enough that the D has the apparent ability to cause harmful or offensive touching; actual ability is not required. Only StudyBuddy Pro offers the complete Case Brief Anatomy*. He admitted that every vote he cast at these six meetings, as well as at the meeting on December 24, 1934, "was an act which assisted in the confirmation of this merger". But, even if it were conceded that no such confusion would probably arise, it is clear that the courts should not construe an act of congress relating in terms only to 'telegraph' companies as intended to confer upon companies engaged in telephone business any special rights in the streets of cities and towns of the country, unless such intention has been clearly manifested. There are numerous decisions, some by courts not of last resort, upon questions more or less similar to the one here presented.
During the period from January 1, 1935, to April 26, 1935, Morny attended six separate meetings of the directors of Movie Ticker, and voted on various resolutions connected with the merger. Interpreting it according to the ordinary acceptation of its words, the statute does not discriminate between corporations engaged in interstate commerce and corporations whose business is intrastate in its character, so to make it clear that the state has not assumed to regulate or burden interstate business. The sole question presented upon this record is as to the correctness of that ruling. Morny contends that the activities of the defendants in both of these periods injured him in his "business or property". The federal court holds to the rule that such damages are not recoverable in the federal court, and that the question is one with respect to which such court will exercise an independent judgment and will not be bound by the holding of the courts of the states in which the cases arise. The demurrer to the plea could have been properly sustained for the reason that it was intended as a plea in bar and only went to the measure of damages, not denying the right of recovery as to nominal damages. Through this connection with Wilson, it was possible for Movie Ticker to obtain access to the Morny office at 25 Beaver Street on two occasions, namely, on March 25, and April 20, 1935, for the purpose of inspecting the Morny machine. For assault to occur, there must be an intentional and unlawful offer or attempt to touch another's person in a harmful or offensive manner such that it creates a well-founded apprehension of imminent battery. 214, and Gregory v. Stetson, 133 U. 686, 697, 698, 28 C. C. A. Electric Storage Battery Co. 188 Mass.
Co. v. Hill - 25 Ala. App. The contract usually serves merely to show the relation of the parties and the existence of a duty breached, which duty is more often imposed by law than by contract. 309, 314, 101 S. 82, construing the above act of 1899, had held that it was its duty, unless otherwise compelled by the plain, ordinary meaning of the words of a statute, to reject any construction that would bring it into conflict with the Constitution of the United States (Grenada County v. Brogden [Grenada County v. Brown] 112 U. 370, Erie Railroad v. New York, 233 U. Find What You Need, Quickly. The plaintiff's charter, it is true, describes it as a telephone and telegraph company. It is averred in the bill, and admitted by the demurrer, that they threatened and were about to commence proceedings for that purpose.
I haven't any intention of going in the business.