424
THE GREEN BAG
employed by any common carrier, railroad or street railroad corporation, acting within the' scope of his official duties or employ ment shall be in every case and be deemed to be the act of such corporation. Action for Penalties. — Such penalties or forfeitures are to be recovered in an action to be brought in the name of the people by the counsel to the Commission, and all penalties and forfeitures incurred to the time of the commencing of the action may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be a waiver of the right to recover any other penalty or forfeiture, which is a provision added to the law to overcome the effect of a much criticized decision of the Court of Appeal. At the last moment a provision was added to the law providing that if the defendant in such an action shall prove that during any portion of the time for which it is sought to recover a penalty or forfeiture for a violation of an order, it was actually and in good faith prosecuting an action or proceeding to set aside the order of the Commission, the court shall remit the penalties or forfeitures incurred during the pendency of such action or proceeding. Liability for loss or damage caused by violations of the act or of orders is imposed and for loss or injury to property caused "by delay in transit due to negligence and in any action to recover for such damages the burden of proof shall be upon the defendant to show that the delay was not due to negli gence. Every common carrier and railroad corporation shall be liable for loss, damage
and injury to property carried as baggage up to the full value and regardless of its character. But the value in excess of $150 shall be stated upon delivery and a written receipt stating the value shall be issued by the carrier who may make a reasonable charge for the assumption of such liability in excess of $150 and for the carriage of baggage exceeding one hundred and fifty pounds in weight upon a single ticket. Gas and Electricity. — As has been stated before, the provisions relating to gas and electricity are substantially the same as those contained in the Gas Commission Law of 1905. It is therefore sufficient at this time to point out that the supervision of such public services as well as the con trol over rates are substantially the same as those over transportation services which have already been enumerated. The same care is to be exercised over issues of stocks and bonds and other forms of indebtedness and the approval of incorporation and franchises and of the transfer of franchises. In this connection it is interesting to note that no municipality can build, maintain and operate for other than municipal pur poses any gas or electric works for lighting purposes without a certificate of authority from the Commission. There is a provi sion that if it is alleged and established in an action brought by the company for the collection of any charge for gas or electricity that the price demanded is in excess of that fixed by the Commission or by statute in a municipality wherein the action arises, norecovery shall be had. Albany, N. Y., June, 1907.
