Maintenance (law)

“ Now, the 'jurisdiction' is not disputed, and it is necessary to an efficient exercise of this jurisdiction that the court have authority to compel the exercise of a ministerial duty by the corporation, which by law they are bound to perform, and by the performance of which alone the plaintiff's remedy can be effected. ”

“ Where a person, detained by judicial decision, has no settlement, the costs of maintenance fall on the province in which he was arrested or brought before the Court; in the case of souteneurs the cost is borne by the Communes in which they pursued their practices. Costs of maintenance can, however, be recovered from the persons concerned, or those legally liable for their support. ”

“ Persons bound to provide maintenance jointly shall bear the responsibility for it in equal proportions, unless the court, on taking due notice of the variance in the means of the said persons or the absence of one of them or on some other worthy consideration, shall decide that they shall participate in the provision of the maintenance in proportion other than that prescribed herein. ”

“ The existing body of rules and regulations have been formed with much care, and are the result of the long experience and vigilant attention of a body of persons intimately acquainted with the needs and exigencies of the community for whom they have legislated. Any attempt to reduce this rule to the limits of the ordinary laws of the land, or to abolish all checks and safeguards not to be found230 in that law, would, in our opinion, be detrimental to the honest and efficient control of business. ”

“ Any citizen, acting either as an individual or as a public official under the orders of local or municipal authorities, whether such orders be or be not in pursuance of special legislation or charter provisions, may abate what the common law deemed a public nuisance. In abating it, property may be destroyed, and the owner deprived of it without trial, without notice and without compensation. Such destruction for public safety or health is not a taking of private property for public uses without compensation, or due process of law, in the sense of the constitution. ”

“ It is not necessary that express authority to receive service of process be shown. The law of the state may designate an agent upon whom service may be made, if he be one sustaining such relation to the company that the state may designate him for that purpose, exercising legislative power within the lawful bounds of due process of law. ”

“ A nation may gain where the merchant loses, but wherever the merchant gains, the nation gains equal, and so much more, as the maintenance and wages of the people employ’d and the duty on the goods amounts to. if a ship insur’d is lost, the nation loses, and the merchant loses nothing; but in that case the insurer is the merchant, and loses equal to the nation.
As trade depends on money, so the encrease or decrease of the people depends on trade. ”

“ As their service is vital to the nation, nothing which has a real or substantial relation to the suitable maintenance of that service, or to the discharge of the responsibilities which inhere in it, can be regarded as beyond the power of regulation. ”

“ We also need do no more than mention cases where, absent a conflicting federal regulation, a State seeks to impose safety or other requirements on a contractor who does business for the United States. ”

“ Again, the occupier of a place of business must keep it in safe repair, for the benefit of customers and others lawfully coming there; and, if harm is done through the want of repair, it is no excuse for him to say that he had engaged an apparently competent person to keep things in order. These arc modern principles in the law, and seem to have hardly yet reached their full development. The doctrine of negligence is also mostly modern. ”

“ The importance of this act lay in its provision for skilled inspection and thus for enforcement of the law by an independent body of men unconnected with the locality in which the manufactures lay, whose specialization in their work enabled them to acquire information needed for further development of legislation for protection of labour. ”

“ Duty to repair, in such cases, is a duty owed to the public, and consequently, if one person might sue for his proportion of the damages for the non-performance of the duty, then every member of the community would have the same right of action, which would be ruinous to the corporation ”

“ There are, however, certain cases in which maintenance is justifiable, e.g. any one who has an interest, even if it be only contingent, in the matter at variance can maintain another in an action concerning the matter; or several parties who have a common interest in the same thing may maintain one another in a suit concerning the same. Neither is it reckoned maintenance to assist another in his suit on charitable grounds, or for a master to assist his servant, or a parent his son, or a husband his wife. ”

“ United States, 273 F.Supp. 899, 282 F.Supp. 46 (D.C.N.D.Pa.) , aff'd, 392 U.S. 642, 88 S.Ct. 2286, 20 L.Ed.2d 1348.↑ 'Without reciting individual cases the subcommittee is satisfied that State regulatory bodies all too often have been excessively conservative and unduly repressive in requiring the maintenance of uneconomic and unnecessary services and facilities. ”

“ The law is well settled in respect to public municipal corporations, upon which the duty is imposed to construct and repair, or to keep in repair streets or bridges, and upon which is also conferred the means of accomplishing such duty, that they are liable for any special damage arising out of neglect in keeping the same in proper condition. ”

“ In the exercise of that power and to satisfy a public need, a state may choose the remedy best adapted, in the legislative judgment, to protect the interests concerned, provided its choice is not unreasonable or arbitrary, and the procedure it adopts satisfies the constitutional requirements of reasonable notice and opportunity to be heard. ”

“ Section sixty-seven, in the body of the section preceding the proviso limiting and restraining the operations of the original act to cases arising under the laws for the levy and collection of import duties, makes provision for the removal of any case, civil or criminal, commenced against any officer appointed or acting under the law to provide internal revenue, or against any person acting under such an officer, on account of any act done in virtue of his office, &c., and prescribes the mode of proceeding to effect such a removal of the case. ”

“ These assignments are reducible to three propositions, to wit: (1) the capacity of plaintiffs to sue, (2) the application of the safety-appliance law, and (3) the measure of damages. Their discussion requires a consideration of the employers' liability law, as the amended complaint is based on that law. ”

“ If the services of men of independent position, with the science and qualifications of engineers, were secured, their inspection of works would often be invited, and the notice they could not fail to take of unintentional and profitless errors, such as wrong levels, which detract from the convenience and value of tenements, would be of much value and be received cordially, and the exercise of discretionary authority in such hands would meet with comparatively respectful obedience. ”

“ Every person, firm and corporation shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of such right, power or duty by the officer, board, commission or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this chapter. ”

“ He urges that once it is recognized-as the court below failed to do-that construction work is not excluded from the Act's coverage, this concededly essential expansion of facilities is not distinguishable from maintenance and repair in any characteristic made relevant by the standard of 'closely related' and 'directly essential' to production. We do not agree. ”

“ In some cases convictions and fines are secured, and in other cases, even in some which are outside the law, the inspectors are able to obtain the adoption of reforms by employers, but many hard cases remain unredressed owing to the difficulty of interpreting the Acts. ”

“ The due process clause of the Fourteenth Amendment safeguards against the taking of private property, or the compelling of its use, for the service of the public without just compensation. Reagan v. Farmers' Loan & Trust Co., 154 U.S. 362, 410, 14 S.Ct. ”

“ The corresponding obligation of protection on the part of the government is immediately connected with it, in the declaration that each individual shall be protected in his rights of property, person, and life, and that obligation was to be fulfilled by the enforcement of the laws then existing appropriate to those objects, and by that future appropriate legislation which was promised to secure to them an orderly government. ”

“ What case is more distinctly within section 1131 than one where a railroad company fails to appoint some one to provide and maintain machinery and appliances safe and suitable for use by its employes, or where its agent or employe, appointed to that duty, does not exercise ordinary care in its discharge? Such an agent or employe is, of necessity, the representative of the corporation, and his want of ordinary care in respect of such matters is negligence upon the part of the corporation itself. ”

“ So in the civil law, the rules as to the measure of damages pertain to the substantive law, no less than those declaring what damage is actionable; and rules determining the classes of agreements which will be specifically enforced are as clearly substantive as are those determining the agreements which will be enforced at all. To define procedure as concerned not with rights, but with remedies, is to confound the remedy with the process by which it is made available. ”

“ No public utility shall issue any security, or assume any obligation or liability as guarantor, indorser, surety, or otherwise in respect of any security of another person, unless and until, and then only to the extent that, upon application by the public utility, the Commission by order authorizes such issue or assumption of liability. ”

“ The previous decisions holding municipal corporations liable to private actions for defects in highways or bridges were placed upon the ground that 'the duty of keeping in repair streets, bridges, and other common ways of passage, and sewers, and a liability for a neglect to perform that duty, rests upon an express or implied acceptance of the power, and an agreement so to do. It is a duty with which the city is charged for its own corporate benefit, to be performed by its own agents, as its own corporate act.' 62 N. Y. 170, 20 Am. ”

“ Such persons as may either not have been considered to be entitled to an extension of time for procuring lawful maintenance, or who, notwithstanding such permission, have not been able to provide themselves with the same, shall be liable to do work, if a man, at any of the corps of pioneers in the kingdom, and if a woman, at a public house of correction. ”

“ And the court added that the exemption of the master was supported by considerations of policy. 'When several persons,' it said, 'are employed in the conduct of one common enterprise or undertaking, and the safety of each depends on the care and skill with which each other shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity, or neglect of duty, and leave the service, if the common employer will not take such precautions and employ such agents as the safety of the whole party may require. ”

“ The right of a State to regulate, for example, a public utility may well include, so far as the due process test is concerned, power to impose all of the restrictions which a legislature may have a 'rational basis' for adopting. ”

“ The Court makes an order for maintenance, the wife makes a scandal where the man is employed, he is dismissed, cannot pay the maintenance, and is imprisoned for contempt of Court. He is legally liable for maintenance even while in prison ”

“ A second kind of taking is where, as here, the Government, for public safety or the protection of the public welfare, 'takes' the property in the sense of assuming the responsibility of its direction and employment for national purposes, leaving the actual operations in the hands of its owners as government officials appointed to conduct its affairs with the assets and equipment of the controlled company. Examples are the operation of railroads, motor carriers, or coal mines. ”

“ The powers and duties of inspectors are extended to cover the case of a laundry, and of any place where work is given out by the occupier of a factory or workshop or by a contractor or sub-contractor. Power is reserved for the secretary of state to exempt by order specified trades or branches of them in specified areas from the provisions of the act of 1896, if he is satisfied that they are unnecessary for the protection of the workmen. ”

“ But, as I told you, he is obliged to exercise the care which prudence requires in providing the servant with machinery reasonably and adequately safe for use by the latter; and when the employer is a corporation, which acts through agents, it is responsible for the negligence of those agents who are intrusted with the duty of selecting the machinery, and of exercising, after it is selected, a controlling and governing supervision and rejection when the selected machinery becomes unsafe, and they know, or ought in the exercise of ordinary care to know, of its safety. ”