A Treatise on the Law of Negligence |
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Common terms and phrases
action for negligence adjoining animals arises bailee Barrister-at-Law benefit bound to exercise bound to take breach of duty Canal carriage carrier cattle cause common carrier common law contract contractor contributory negligence corporation Court damage danger defect defendant defendant's Demy 8vo doubt Edition employed employer evidence Exch fact fellow-servants fence G. W. Ry gence held liable highway horse infra injury Inner Temple invitation judge judgment jury L. J. Ex Lancaster Canal land liable for negligence London Lord Lord Penzance Mersey Docks Midland Midland Railway Neglect of Duties negligent act notice ordinary care ordinary negligence owner pany particular passenger perform person plaintiff premises question of negligence recover repair respect Royal 12mo rule scienter sect seems Shearman skill Smith solicitor South Eastern Railway statute supra third parties tion treatise trespass trustee Vict Western Railway Company Wilson workman
Popular passages
Page 103 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business, and if served by post shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary...
Page 247 - 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 to recover damages in respect thereof...
Page 264 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that, whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 169 - ... notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability; every such notice, condition, or declaration being hereby declared to be null and void : Provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding and delivering of any of the said animals, articles, goods or things as shall be adjudged by the Court...
Page 91 - ... 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 96 - ... 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 97 - ... an employee, or his legal representative, shall not be entitled under this article to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer...
Page 247 - WHEREAS no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such ease should be answerable in damages for the injury so caused by him...
Page 96 - ... by one of Her Majesty's Principal Secretaries of State, or by the Board of Trade or any other department of the Government, under or by virtue of any Act of Parliament, it shall not be deemed for the purposes of this Act to be an improper or defective rule or byelaw.
Page 247 - That whensoever 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, then and in every such Case the Person who would have been liable if Death had not ensued shall be liable to an Action for Damages, notwithstanding the Death of the Person injured, and although the Death shall have been caused under such Circumstances...