A Treatise on the Law of Personal Injuries: Including Employer's Liability, Master and Servant and the Workmen's Compensation Act, Volume 1Callaghan, 1912 - 2819 pages |
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Other editions - View all
A Treatise on the Law of Personal Injuries: Including Employer's Liability ... William Francis Bailey No preview available - 2015 |
A Treatise on the Law of Personal Injuries: Including Employer's Liability ... William Francis Bailey No preview available - 2013 |
A Treatise on the Law of Personal Injuries: Including Employer's ..., Volume 1 William Francis Bailey No preview available - 2018 |
Common terms and phrases
accident action Adm'r agent alleged applied brakeman bridge building Chicago & N. W. R. Coal common law conductor construction contract contributory negligence corporation court damages danger defective defendant defendant's doctrine employed employee was injured employment engaged engineer exist fact failure fellow-servant floor foreman furnish a safe gence ground held hence independent contractor injuries resulting intervening cause Iowa jury latter Louisville & N. R. Lumber machinery maintain manner Mass master and servant master's duty mill Minn negligence per se operating owner P. R. Co pany party Pennsylvania Co perform personal injuries plaintiff ployee premises proximate cause public policy question rail railroad company Railway relation of master release repair respondeat superior responsible risk road rule S. F. R. Co S. W. Tex safe condition safety side track statute switch third person tion tractor train unsafe workmen
Popular passages
Page 506 - ... 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 which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 102 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 515 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Page 514 - 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.
Page 102 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work: Powell v.
Page 507 - 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...
Page 187 - PL 151, provides, in section 1, " that whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, and recover damages in respect thereof...
Page 514 - ... (1.) By reason of any defect in the condition of the ways, works, or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to, the negligence of the employer, or of any person in the service of the employer and intrusted...
Page 93 - The members of the fire department of New Bedford, when acting in the discharge of their duties, are not servants or agents in the employment of the city for whose conduct the city can be held liable, but they act rather, as officers of the city, charged with the performance of a certain public duty or service; and no action will lie against the city for their negligence or improper conduct while acting in the discharge of their official duty.
Page 123 - Where the obstruction or defect caused or created in the street is purely collateral to the work contracted to be done, and Is entirely the result of the wrongful acts of the contractor or his workmen, the rule Is that the employer is not liable; but where the obstruction or defect which occasioned the Injury results directly from the acts which the contractor agrees and Is authorized to do, the person who employs the contractor and authorizes him to do those acts is equally liable to the injured...