INDEX. Abutting owner, rights of, as to use of highway for In rural highway, fee to center of which is in abutting Eels v. Am. Teleph. & Tel. Co. (N. Y.)... ... ... .... ... ... ... ... .... Contra as to telegraph poles. People v. Eaton (Mich.). And as to telephone appliances. Cater v. Northwestern Teleph. Exch. Co. (Minn.)..... Injunction at suit of, to prevent replacing certain telegraph Wirth v. Postal Tel. Cable Co. (Ohio)...... 184, note. Having consented to running of telegraph line in front of W. U. Tel. Co. v. Bullard (Vt.).. 102 Protected by injunction from erection of telephone pole in Russ v. Pa. Teleph. Co. (Pa.)....... 109 While municipal corporation has right to use streets for fire Prentiss v. Cleveland Teleph. Co. (Ohio)..... 125 Electric light poles, for public lighting, impose no new servi- Loeber v. Butte General Elec. Co. (Mont.)..... 130 Electric street railway and appliances impose additional 166 Electric street railway imposes no new burden, in city street. Limburger v. San Antonio, &c., Ry. Co. (Tex.). State, Kennelly, Pros. v. Jersey City (N. J.). PAGE. 156 152 146 West Jersey R. Co. v. Camden, &c., R. Co. (N. J.)........... 137 Never adjudicated in New Jersey as to rural highway. Borden v. Atlantic Highlands, &c., Elec. Ry. Co. (N. J.) .. May restrain by injunction, as nuisance, construction of electric railway in borough street, without consent of local authorities. Thomas v. Inter-County St. Ry. Co. (Pa.).. . .. . . 179 179 175 Held entitled to recover against electric street railway company for injury to his right of access caused by cutting down street without compensating him. Eachus v. Los Angeles Consol. Elec. Ry. Co. (Cal.)... 184, note. Not entitled to damages for interference with right of access by electric railway coming so near sidewalk as to interfere with convenient receipt and delivery of goods. Limburger v. San Antonio, &c., St. Ry. Co. (Tex.)........ In action at suit of, to restrain operation of electric railway which had filled in roadway in front of plaintiff's house so as to injure his means of access and to compel restoration of road to former level, judgment of Donsuit reversed. 156 Westheffer v. Lebanon, &c., St. Ry. Co. (Pa.)....... 184, note. Stay of proceedings granted at instance of, pending hearing and decision of certiorari to review ordinance granting right to erect trolley railway, vacated. State, Roebling, Pros. v. Trenton (N. J.)................... Has property interest in shade trees along highway, and right to their enjoyment, subject only to convenience of public travel. Such property right is proper subject of legislation for his protection. Not estopped from asserting property interest in highway and trees as against telegraph company, by failure to apply for injunction when line was built. Dailey v. State (Ohio)...... Electric railway company authorized by city to erect trolley 136 186 road has right to trim trees overhanging street when Dodd v. Consolidated Traction Co. (N. J.)....... Held, sufficient evidence of gross negligence in action Poston v. Cumberland Teleph. & Tel. Co. (Tenn.)...... In action against electric company for trespass in cutting Gorman v. Eastchester Elec. Co. (N. Y.)............... Admissions, declarations and aets of agents or servants Agent no right to substitute service message for prepaid Western Union Tel. Co. v. Moss (Ga.)...... PAGE. 201 203 199 848, note. Payment to messenger of bill pertaining to message deli- Western Union Tel. Co. v. Power (Ga.)....... 848, note. Certain declarations held to be beyond scope of employment, W. U. Tel. Co. v. Mullins (Neb.) .. .... 850, note. Burden of proof. On company maintaining electric wires, that it was not Denver Consol. Elec. Co. v. Simpson (Col.). ...... If traveler both look and listen for approaching cars before Downey v. Pittsburg, &c., Traction Co. (Pa.)................... Sherrill v. W. U. Tel. Co. (N. C.)..... 278 264 565 754 856, note. California telegraph statute. PAGE Western Union Tel. Co. v. Cook (U. S.).... 799 Certiorari. Proper remedy of abutting owners to test legality of munici pal ordinance authorizing railway company to place rails, 146 State, Kennelly, Pros. v. Jersey City (N. J.).... Cipher and unintelligible dispatches. (See "Damages.") Condemnation. (See "Eminent Domain.") Constitutional law. Indiana statute for taxation of telegraph companies not un- W. U. Tel. Co. v. Taggart (Ind.). State privilege tax upon telegraph company which has Postal Tel. Cable Co. v. Adams (U.S.)......... Municipal ordinance imposing on telegraph company tax Postal Tel. Cable Co. v. Charleston (U. S.)....... Michigan statute authorizing maintenance of telegraph People v. Eaton (Mich.)... New York statute permitting street railway to cross steam Statute compelling street railway companies to provide en- State v. Hoskins (Minn.).... 646 036 663 87 261, note. 614 619 Statute which requires city or town desiring to engage in Citizens' Gaslight Co. of Reading v. Wakefield (Mass.) Statutes prescribing penalties for negligence of telegraph Butner v. W. U. Tel. Co. (Ok.)....... Western Union Tel. Co. v. Bright (Va.).. PAGE. 631 758 797 849, note. 849, note. Western Union Tel. Co. v. Michelson (Ga.)......... 849, note. Contract. (See "Discrimination.") Contributory negligence. (See also "Duty to Passengers.” Not under circumstances of given case, for boy walking Haynes v. Raleigh Gas. Co. (N. C.)....... Question held properly submitted to jury, as to person killed Texar kana Gas & Elec. Lt. Co. v. Orr (Ark.)......... Whether or not experienced lineman, who in daytime when Failure of sender of telegram to give street and number of 264 272 312 318 300 Western Union Tel. Co. v. H. G. Smith (Ga.)....... 848, note. Damages and measure of damages for error, &c., in trans- Measure for error in transmission of cipher dispatch, con- |