The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks... Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 40by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859Full view - About this book
| William Paley - Agency (Law) - 1847 - 732 pages
...resulting from considerations as well of justice, as of policy is, that he who engages in the employment of another for the performance of specified duties...presumption, the compensation is adjusted accordingly. And we are not aware of any principle, which should except the perils arising from the carelessuess... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1886 - 744 pages
...Met. 49 : 2 Thompson on Negligence 924. A person " who engages in the employment of a railroad company for the performance of specified duties and services,...risks and perils incident to the performance of such service," and these include the perils arising from the carelessness and negligence of those who are... | |
| Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1857 - 484 pages
...Railroad Co. 3 Cush. (Mass.) R. 270. 34 services, for compensation, takes upon himself the natural ordinary risks and perils incident to the performance...presumption, the compensation is adjusted accordingly, And, he also thought, while from the nature of the relation no such contract can be inferred, there... | |
| Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 712 pages
...cases from considerations of justice, as well as policy, is, that he who engages in the employment of another, for the performance of specified duties and services, for compensation, takes tipon himself the natural and ordinary risks and perils incident to the performance of Young r. New... | |
| Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - Law reports, digests, etc - 1866 - 662 pages
...in any employment, thereby natural and ordinary risks and perils assumes upon himself the ordinary incident to the performance of such services, and...presumption the compensation is adjusted accordingly. risk, hazard, and danger incident to the place and the duties which, for the consideration agreed upon,... | |
| Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1868 - 628 pages
...resulting from considerations as well of justice as of policy, being, that he who engages in the employment of another for the performance of specified duties...services, for compensation, takes upon himself the natural ordinary risks and perils incident to the performance of such services, and, in legal presumption,... | |
| Isaac Fletcher Redfield - Leading cases - 1870 - 708 pages
...resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties...presumption, the compensation is adjusted accordingly. And we are not aware of any principle which should except the perils arising from the carelessness... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1870 - 712 pages
...Railroad Corporation (4 Met., 49), lays down the general rule, " that he who engages in the employment of another for the performance of specified duties...presumption, the compensation is adjusted accordingly." If a contract may be implied from the relation of the parties, which shall thrust aside the common-law... | |
| Law - 1886 - 548 pages
...case of Farwell v. Boston, etc., R. Corp., 4 Mete. 49, as follows: 'He who engages in the employment of another, for the performance of specified duties...perils incident to the performance of such services.' But there are well-defined exceptions to this general rule, one of which arises from the obligation... | |
| Law - 1874 - 436 pages
...general rule is, that he who engages in the employment of another, for the performance of specific duties and services, for compensation, takes upon...perils incident to the performance of such services, embracing perils arising from the negligence of those in the same employ as incident to the service."... | |
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