The Law of the Master's Liability for Injuries to ServantWest Publishing Company, 1894 - 647 páginas |
Dentro del libro
Resultados 1-5 de 82
Página v
... manner that they can readily be found , and , when found , understood . Yet the writer has indulged in criticism . This was made necessary by in- considerate expressions used by judges , as well as de- partures made by courts in some ...
... manner that they can readily be found , and , when found , understood . Yet the writer has indulged in criticism . This was made necessary by in- considerate expressions used by judges , as well as de- partures made by courts in some ...
Página 9
... manner of expressing or defining it , and stating the comparison and test so usually applied . † They say : " Ordinary care on the part of a railroad com- pany implies , as between it and its employés , not simply that degree of ...
... manner of expressing or defining it , and stating the comparison and test so usually applied . † They say : " Ordinary care on the part of a railroad com- pany implies , as between it and its employés , not simply that degree of ...
Página 10
... manner , or by what comparison or tests , if any , did the court intend that the degree of watchfulness , caution , and foresight such offi- cers ought to exercise should be determined , or by what standard is their conduct to be ...
... manner , or by what comparison or tests , if any , did the court intend that the degree of watchfulness , caution , and foresight such offi- cers ought to exercise should be determined , or by what standard is their conduct to be ...
Página 14
... manner of construction of appliances where skill is required not ordinarily a question for the jury , pp . 30-32 . The general rule as to the safe character of an ap- pliance has no application to such as the serv- ant is employed to ...
... manner of construction of appliances where skill is required not ordinarily a question for the jury , pp . 30-32 . The general rule as to the safe character of an ap- pliance has no application to such as the serv- ant is employed to ...
Página 18
... use by a railroad company of cars with couplings constructed In an unusual or different manner from those of its own cars may against , but only such contingencies as are likely to 18 MASTER'S DUTY - CHARACTER OF APPLIANCES . [ Ch . 2.
... use by a railroad company of cars with couplings constructed In an unusual or different manner from those of its own cars may against , but only such contingencies as are likely to 18 MASTER'S DUTY - CHARACTER OF APPLIANCES . [ Ch . 2.
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Otras ediciones - Ver todas
The Law of the Master's Liability for Injuries to Servant W. F. Bailey Sin vista previa disponible - 2009 |
The Law of the Master's Liability for Injuries to Servant William Francis Bailey Sin vista previa disponible - 2016 |
The Law of the Master's Liability for Injuries to Servant W F 1842-1915 Bailey Sin vista previa disponible - 2015 |
Términos y frases comunes
accident agent appliances applied assumes the risk brakeman cars character charge Chicago circumstances co-employé conductor construction contract contributory negligence court say danger defect defendant defendant's direct discharge doctrine employé employed employer engaged engine evidence exercise of ordinary fact fellow servants foreman furnish gence held incompetent Indianapolis & St injury caused intervening cause intrusted Iowa jury knowledge liable ligence Lumber machine machinery Manuf'g Mass master's duty Minn N. J. Law N. Y. Supp neglect negligent act Ohio St operating ordinarily party Pennsylvania Co performance perils person plaintiff ployé presumed principle proper proximate cause prudent question Rail Railroad Co railroad company Railway Railway Co reasonably safe recover repair represent the master respondeat superior responsible result road rule safety skill statute sufficient superintendent supreme court tion track train vice principal W. R. Co want of ordinary York
Pasajes populares
Página 474 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Página 418 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 260 - If an employer enters into a contract, written or verbal, with an independent contractor to do part of such employer's work, or if such contractor enters into a contract with a sub-contractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer for injuries to the employees of such contractor or subcontractor, caused by any defect in the condition of the...
Página 382 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Página 418 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Página 304 - Every corporation operating a railway shall be liable for all damages sustained by any person, including employes of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers, or other employes...
Página 376 - A railroad company shall be liable for any damage done to persons, stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the...
Página 425 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been seen by the wrongdoer as likely to flow from his act.
Página 381 - When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.
Página 260 - Employers' liability for injuries. — When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...