A Treatise Upon the Law of Telegraphs: With an Appendix, Containing the General Statutory Provisions of England, Canada, the United States, and the States of the Union, Upon the Subject of TelegraphsLittle, Brown,, 1868 - 535 頁 |
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Act of April agent Alta California amount Appendix application April 22 authorized bailment Board of Trade California Act capital stock charges charter common carriers common law company's consent construction contract corporation Court Court of Equity damages defendant delay delivery despatch directors duty Electric Telegraph Electric Telegraph Company eminent domain employé erection ex delicto exceeding franchises granted held highway imprisonment incorporated injury jury lands legislature liable line of telegraph misdemeanor mode Montreal Telegraph Company negligence notice obligation Ohio operator owner paid pany party penalty person pike Co plaintiff posts privileges provision in relation public Road punishable purchase purpose question railroad company Railway reasonable received responsibility sage sender sent statute stockholders Street or public tele Teleg telegraph company telegraph lines thereof tion transmission of messages transmit Turnpike Co unrepeated messages Vict Western Union wires York
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第 368 頁 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
第 367 頁 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
第 378 頁 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiff to the defendant, and thus known to both parties, the damages resulting from the breach of such a contract which they would reasonably contemplate would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
第 378 頁 - ... most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.
第 157 頁 - An Act to aid in the Construction of Telegraph Lines, and to secure to the Government the use of the same for postal, military and other purposes...
第 367 頁 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the...
第 378 頁 - ... should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of a breach of it.