 Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but of negligence; and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business.  The Southwestern Reporter - Page 3611906Full view - About this book
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1905 - 618 pages
...ordinary risks of the business. "Absolute safety is unattainable and employers are not insurers. They are liable for the consequences, not of danger, but...the ordinary usage of the business. No man is held to a higher degree of skill than the fair average of his trade or profession, and the standard of due... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 602 pages
...ordinary risks of the business. Absolute safety is unattainable and employers are not insurers. They are liable for the consequences, not of danger, but...the ordinary usage of the business. No man is held to a higher degree of skill than the fair average of his trade or profession, and the standard of due... | |
 | 1916 - 1326 pages
...St. R. 944, 94B. (4) 3 CBNS 146. cited in Beoen on Negligence(l), " No man is heM by law to a SC " higher degree of skill than the fair average of his profession or M*1*" trade, and the standard of due care is the conduct of the average- SOHABF " prudent man. The... | |
 | 1898 - 1134 pages
...supra (one of the best-considered cases on the subject which we nave been able to find), it is said: "No man is held by law to a higher degree of skill than tho fair average of his profession or trade, and the standard of due care is the conduct of the average,... | |
 | 1896 - 1142 pages
...ordinary risks of the business. Absolute safety is unattainable, and employers are not Insurers. They are liable for the consequences, not of danger, but...higher degree of skill than the fair average of his professional trade, and the standard of due care is the conduct of the average prudent man. The test... | |
 | 1904 - 1164 pages
...Co., 136 Pa. G18, 20 Atl. 517, 20 Am. St. Rep. 944, is the most conspicuous example, which hold that "the unbending test of negligence in methods, machinery,...appliances is the ordinary usage of the business." There are cases both in the United States courts and in several of the states which hold a different... | |
 | 1901 - 1166 pages
...relevant to the case at bar: "Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but...of negligence; and the unbending test of negligence is methods, machinery, and appliances in the ordinary usage of the business. No man is held by law... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1916 - 776 pages
...Servant — Liability for Injuries — Care Required. 5. An employer is not an insurer, but is liable for consequences not of danger, but of negligence, and...machinery and appliances is the ordinary usage of •The question of whether a servant relying upon orders is guilty of contributory negligence is discussed... | |
 | Abraham Clark Freeman - 1891 - 1060 pages
...does not follow that it is negligence for him to use it. Some employments are essentially hazardous, and the unbending test of negligence in methods, machinery,...appliances is the ordinary usage of the business. Titut v. Bradford etc. R. Jt. Co., 944. 8. DUTY OF MASTER IN FURNISHING APPLIANCES FOR SERVANT. —... | |
 | Abraham Clark Freeman - 1891 - 1058 pages
...busi. R«r.,VOL.XX.-«0 ness. Absolute safety is unattainable, and employers arr ;...', insurers. They are liable for the consequences, not of danger. but...of negligence; and the unbending test of negligence ic methods, machinery, and appliances is the ordinary usage of the business. No man is held by law... | |
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