COPYRIGHT, 1900, JOSEPH A. JOYCE AND HOWARD C. JOYCE. J. B. LYON COMPANY ALBANY, N, Y. PREFACE. The sources of electric law are to be found in the fundamental doctrines of law and equity. The fact that applied electricity was unknown when these principles were first asserted does not prevent their extension and adaptation thereto, nor are such doctrines really changed thereby. Electric law is new, therefore, only in the sense that the uses of electricity have necessitated a new application in a different form, perhaps, of a very great number of those doctrines upon which is based the great body of existing laws. Recourse must, therefore, be had to these laws and principles, found chiefly in authoritative decisions and treatises, in order to deduce any governing rule applicable to the various circumstances peculiar to electric causes requiring judicial determination. This has involved much research, both by counsel and the judges, and much critical comparison and discussion resulting in some conflict of opinions. To examine each case, discover the underlying principle or principles, and endeavor to systematically arrange and group together the numerous points, so as to make a logical, exhaustive and still concise work, has been an arduous and difficult undertaking. In addition, it has been necessary, not only to conscientiously examine legal decisions covering electricity, but a thorough investigation of the authorities in analogous cases has been required, in order to present fully the law applicable to the numerous and varying circumstances under which the courts. have been called upon to apply old principles or to extend their application to this constantly growing branch of the law. The efforts of the authors in writing this treatise will, it is hoped, ac complish the purpose intended, and that is, to clearly, understandingly and logically present to the profession the entire law on the subject of electricity, with the reasons for its application, and so furnish the bench and bar with a work which will not be a mere reference text-book, but a treatise, and one which can be consulted and used to advantage by courts and lawyers, and be also of practical value, both to them and to electrical corporations. The authors have also endeavored to supply the needs of both the case lawyer and the one who relies upon principles. To this end numerous illustrative cases have been given, although underlying principles have been made the basis of the work. English and Canadian cases, involving the uses of electricity or some phase thereof, have been fully presented, both as to the law and the facts. Where statutes have been construed, explained or considered in judicial rulings, such statutes have been examined and cited herein, together with said rulings, and the statutory citations have been given in connection with the table of cases. Careful and conscientious examination has been made of all conflicting decisions, and it is believed that they are so fully considered and compared as to preclude the necessity of searching elsewhere for the law upon the points involved. Each case relied on throughout the work, in support of the text, has been personally and critically examined. The authors, therefore, submit this treatise to the fair, impartial, and just consideration of the profession. Nyack-on-Hudson, N. Y., June, 1900. JOSEPH A. JOYCE, HOWARD C. JOYCE. |