ISBN: 9781234341701

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not … Plus…

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...of public policy, to prevent frauds or collusion with them, and because the owner, having surrendered up the possession of his property, is generally unable to show how it was lost or injured: Riley v. Home, 5 Bing. 217; Thamas v. The Boston and Providence Railroad Corporation, 10 Met. (Mass.) 476; Coggs v. Bernard, 1 Ld. Ray. 909 and App. These reasons, which are the ones usually assigned for the extraordinary responsibility of common carriers, cannot be regarded as applicable to the same extent to telegraph companies, nor are there any reasons, in my judgment, why they should be held to the extent of the responsibility of insurers for the correct transmission and delivery of intelligence. As their business, however, f is one which leads to their being intrusted with confidential and valuable information, especially in commercial matters, there are opportunities for frauds and abuses, which, in view of the relation that they occupy to the public, makes it necessary upon grounds of public policy that they should be held to a more strict accountability than ordinary bailees. As the value of their service consists in the message intrusted to them being correctly and diligently transmitted, it must be taken for granted that they engage to do so, and if there is an unreasonable delay or an error committed, it should be presumed that it has arisen from their negligence, unless they can show that it occurred from causes beyond their control. It is particularly suggested by the counsel of the defendants that the telegraph is not at all times subject to the will of the operator. That although the machinery and apparatus are in complete order, yet at times a message cannot be sent because of supervening influences which at some point on the line,... Anonymous, Books, Social and Cultural Studies, The American Law Register Volume 5 Books>Social and Cultural Studies <