The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-09-30

| inr, 10 frd 4 verdict Tor the defendant On the
! ,-re4,,,i tia, the plaintiff had shown no power
conferred upon 1, by law, Tor The construction
! q It's telephone l.oles and wires, and other
/ 61turcs. in the streets Of Bouolnla and vieia-
iiv. as alleged in It's declaration, which several
/ uc,ious were deuied; and exception To such
I denial was daily taken aud allowed.
"Tho plainnf's charior hled here,n, was iae
ooly evidence On which the plaintiff hssei us
rlsir, that such power had hecu conferred
sPou It,
| "Tne Cour; Instructed the Jury
/ That the piaiu,iF company VAS not boaud
/ 10 build its hines especially with reference 10
| The cS;sblishn,er, Il new lines by companies
/ Which NIGH, afterwards come iuio existence,
providcd The plaintiff company had hull1 its
| iinsS in a reasonable manner, as Tor instance
ne, unnecessarily lakius both sides Il The uoad
/ and not unueccsssrily making It's liucs So low
| and 81 high Ihal tbcy coald uoj he oyosso3.
.Thst lie defendant company was bogud 20
construct it, lines in such manner as not g lie
in caasse, with plaintiffs wires, OF 20 h an
| interference With the operation Of plaintiffs
| instruments. provided that II such iu;er.svenee
| and obstruction he accidental, temporary, and
not the result q uuSsilltulucSS sui negligence,
| the plsi1,if company may recover only actual
| damages, provided also tia, tho plaiuut com
psnv aust not have contributed by any want
/ a ordinary skill and care on their pAri,
THAT tbe plzfuuf company would bc en-
tilod to have no interruption by the Defendant
| company ia Tie operation 81 It's liueS.
The deleaiau: duly excepted 10 Iho said
several Instructions, and such exception was
6uly allowed;
! The defendant asked the Couri % Instruct
/ the Jury that the defendant was not llab,c Tor
auy damages which ordinary care and skill on
/ lis par, could not have f0rsoeu ana prevented,
which instruction the Court refused 20 give.
/ snd the defsudan; dolly excepted 10 such It.
| tusAl. ard such exception Was duly allowed.
| The Court instructed the jury that u was
I 70; ac.iouztie for The defendant &c deprive %
/ t,ke away subscribers from the plaintiff by
oo1pesitiOa-
.sTbere ws< nc evileacs tending to show any
malice On the rAr; Of TIE defendant Ia respect
az the acts complained 9; by the plaintiff.
The evidence On tosh sides Was that the
! Ssfertau. usci tie besi material 10 the Con-
s,rucsicu q its lines, and 'hegc was evi-
| dense O. the part q Tie defendant that so0,e
| e the interruption Of The plaintiffs wires and
| instruments were caused oy the breaking OF o
| screw, in uae irstAuoc, Cf an insulating knob,
IN another instance, and by The blowing iowa
/ q an aiccrcts tree IN another instance
The defendants witnesses testified tia, the
usaosi care had bee1 taken On the part e the
defendant &c prevent It's wires from interfering
| with the plaintiff wires.
plaintiffs evideace ;eoiei % show shat
during large part Ter ulo>,l q the SIX mouths
| preceding the date Of the complaint, plaintiff
1 lad beea intercepted II lis business by de-
| fsaia1i's wires beinS in oOaiaSi with plain
| It's wires. thai Cassidy, plaintiffs supegin-
,soiea;, had spent large PcysiOu about halo
| q lis time IN e1dsSvcriHs 70 discover the
places Of Contact and in reasiyius the same.
| that he had employed an extra helper AZ $50
pkr meath On account Of the sane: tia; sAil
interruptions were caused in part by faults in
construction Cf defendants wires. that said
ia,sETUp,icus had DIMINISHED slnce sui. vas
b-cGEhs-
a jaeger. secretary and treasurer q de-
fs132ui company. testified iha. his Instructions
70 superintendent Prals were to avoid. even =.
any expense. any contact with The wires Of the
EsvaiiAn Bel Tslephons Conpaay; AMI Il. 4
Wide1sDu. president e deteGt1n! company, [
testified 10 the sane cEect.
pratt, superintendent Of defender; con-
r2rv. TESTIFIED thsl be received aud earned Ccl
.beSe ias:rucGC-s 70 tie hes. q bis ability, I
Sa5 TIA. the construction q the lines vas pat
termed after that Ct . telephone COMPANY e I
San Francisco, excepting that The San Fran 1
cisco system CT wires weu; over buii5iuss: I
also that he did his bSsi in making tie lines -
IS &c avoid ooatac. with plaintiffs Iincs.
But he admitted o. croSS-CxluiuEticu /
that Il 6ese1i1ui's poles were higher a, PLACES 1
C. crossing plaintiffs wiUss CT nearer together, /
danger q contact fTc@ ssSsicS Of tie wires, /
would bs avoided.
By IKE CcCRr7-Ths frs. uc;at made ty |
deie-iAH. IS tia; the plaintiff has 10 legal night 4
. establish tslepLo=e lines IN H5a1luIu.
Tas plaintiffs charter specially rests the /
carpoE2iiga with all the powers, privileges. /
-is1,s Sa6 i=1CuiIiss Esuiic1e3 II Clsp.er IS \
of tie SesS;oa Laws Of 1874. entitled; An 4
Acs to- the s1ccCTsss1s1I and sd q any co..
parry NV 'nsSsFSra's-i; or that nay l. 4sVc-
&fiA- i-ooTpoTAssd to- tire trsnsrlissic1 CT ~ /
isllissacs - elec.rioiiy.' Sscii0a oae ct the
Acc reads The Minister e the Iu.eEi1z i
hsEsby authorized and empowered 70 permit
snd allow any company DOW iucc-P2Tatsi in
any foreign country, OF that nay lie hereafter
II this kustoD, OF any forsiSu
oo12tTy, Ter the transmission q iatelli-s-c4
BY electricity, 10 Construct lines Of telegraph /
1Po1 &li alcog iheGishways ard public r1ais,
We think The Ac. brCzi enough 10 cover the
telephone cc1p1usss. By this Invention. IL
.sliiEs-ce 5 Transmitted by electricity. Wires
--1E Cpo1 polss, erected =; intervals along the
streets are a. present deemed Necessary 10 tie
system e telegraph, : well = q is,sPhoas
Ines 50 far a. use q the public streets :
the obsiTuctio1 : the sane s1csps
tat tslegLcns companies require Ecgs vIrss.
5! EsN1s Ct . Telegraph the electricity reco-is
-Rrss yiSiyls 70 tie eye, Ehi-h are read and
1Cs iu,sliissace 5 Transmitted over tie entire
s-Ssh q the wire. In = tslspho-s, electricity
s-r-H-= y. - HE.r o. -
.-4-s-5t.s1 2l1-- tie vie. 1; Is rot essential
Q Snow whether tsispho-ss we're i-yac.s5
- !, uss vhsc tts Aci C 1874 Vas s-zcteG,
tcEgb we believe they were, Ias Law makers
Tlssly E15s tie Act brad s7cs-b % cover
-VTovs1sl;s ard discoveries 10 tc -aie BY !
1s researches q sciszslSc Esa- II the co.
ar ira-zClts Ir.si.lSsucs By Usz1s e eiec-
rlc-tys the law allows she erection Of pclss
II the scsus1sioo Ct virsS zlc1- the streets
n r1z5s Ct this kins5on-
HE Prlvy Ccz1cjl N granting piIiu.i5's
SGrtsr, co1<:ECei The Act q 1874, - apply
= % teispdo-s soEp11l5s- Bgs this CCcrf.
.1--h tx bcz-3 % folicE, Witl.--s re-sc-.
e oc1ssructioa placed b tie Priyy Couucil,
pcz A Acs q tie Legislature, n cases whore
= tue cc1stTcciSc- : 6oubsfcl. sE-h CO. :
srIctioa BY the Priyy C1uaciI Is entitled 10
Tsas weight II The Suprszs Cczri e tie
---e1 SAFES iEz c1-.S1l -s7zzE s1-S 1C- I'M 7
IN i1isrprs;ss5C1 Ct II Acc q Cc-sTess ry
Z eZscEtIvs dspsrt1s-s : entitled 20 wsiSti,
ID II ! case Ct 6cabs ozSaS 70 tgr1 the scale
- BT1zs rs. CzEai S=s, IIs L 5. 5TI,
1884. NUzs-czs 6ecis5o1s CT thai Ccurt sre
, The sLEe eEecs- In Ej-yzris rs Dsrs4. II
ThsItcz, 1le, /; rs sad ''il the cuzs.ructioz.
4 dczb;fzl and szoiEa9zs law, the cCats1l- |
1-z-ac-s oo1str1csioa Ct thoss Eh9 Es-s
lllei spa 70 AZ C1isr :bs l1v, zci vs7e
-zZ,'1-tet 70 carry Is pzovlzic-s ius7 s=sct, Is
'ous5 e great Tsspscs, = Ard tie Cc1rt re-
-ssd 70 Interfere vith szcE cc-s.rz-sio1 after
had ben ac:sd spa foE Io1g the
See also itsIzs - Disiz-e7Tz-ir. c.. Is
fall, 90, 81, Szsy.ss '. FEsi. = Wall. s7i.
=, Cziasi S-zss - Pzys, p L : rs. =
li-si Ssl-zE Ts-N11rs S. Z 80, Tss.
Ne tssl fEl.y I-z-iSs5 4 boldiu- tEsi PLAIN
Z chET;sr szsho-lrsd Z e cain thz p-ITIl (
-s< Era1.s5 b TIE az e Is7i
Il Ths a.: Szshorlrss a15 s-pc=s-s lte
: Master &c permit al allcE s-ch coz-
AZ . cc-sir1cs IL Erss spa an alag tie
IEcEags AID rzhEic r1E5s- Tat ks las 50
a=Elstssl and silsEsi ikese e-ersi1-s l. evi-
zIcsd u iLs f1ct thai lhsy hare tss- srs-.=5
q l1s sstso.i1l th.ai - El15zs5z sAozI5 CD
N he Minister'S V=Ezissisz u the f1ra C
rlt-e- coutr1--- WIfkoEf a lIE azths-frfs- 4,
fhz ~. - -