The Workmen's Compensation Law Journal, Volume 2William Otis Badger C.C. Hine's Sons Company, 1918 - Courts |
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Page 7
... negligence of any of his employer's officers , servants , or em- ployees , unless it was made to appear by a preponderance of evidence that his own negligence contributed . The verdict should therefore have been allowed to stand , if ...
... negligence of any of his employer's officers , servants , or em- ployees , unless it was made to appear by a preponderance of evidence that his own negligence contributed . The verdict should therefore have been allowed to stand , if ...
Page 8
... NEGLIGENCE . Where plaintiff , temporarily employed by defendant telegraph com- pany to assist in repairing a portion of its line , was injured by the falling of a pole upon which he had climbed in the course of duty , which was caused ...
... NEGLIGENCE . Where plaintiff , temporarily employed by defendant telegraph com- pany to assist in repairing a portion of its line , was injured by the falling of a pole upon which he had climbed in the course of duty , which was caused ...
Page 17
... negligence of the employer , and that such negligence was the proximate cause of the injury , the burden of proof resting upon the employer to rebut the pre- sumption . Employees are conclusively presumed to have elected to accept com ...
... negligence of the employer , and that such negligence was the proximate cause of the injury , the burden of proof resting upon the employer to rebut the pre- sumption . Employees are conclusively presumed to have elected to accept com ...
Page 19
... negligence , he is entitled to moderate compensation in all cases of injury , and has a certain and speedy remedy , without the difficulty and expense of estab- lishing negligence or providing the amount of the damages . In- stead of ...
... negligence , he is entitled to moderate compensation in all cases of injury , and has a certain and speedy remedy , without the difficulty and expense of estab- lishing negligence or providing the amount of the damages . In- stead of ...
Page 83
... negligence on the part of Jones , the deceased , defendant signally failed to estab- lish such contributory negligence . It may be the failure on its part to produce any testimony to that effect which inferentially it pretended to be ...
... negligence on the part of Jones , the deceased , defendant signally failed to estab- lish such contributory negligence . It may be the failure on its part to produce any testimony to that effect which inferentially it pretended to be ...
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Common terms and phrases
Act Laws affirmed agreement alleged amended appellee application assumption of risk award carrier cause of action certiorari circuit court claim claimant Cleveland county common law contract contributory negligence counsel course damages death deceased decedent Decision rendered defendant's disability District Court duty employed employment engine entitled evidence fact federal Employers filed finding follows foreman held independent contractor Industrial Accident Board Industrial Board Industrial Commission injured employee interstate commerce Judge judgment jurisdiction jury Legislature Liability Act loss lumber Master and Servant MASTER AND SERVANT-WORKMEN'S ment N. E. Rep notice operation opinion party payment pensation personal injury petition petitioner plaintiff in error ployee proceeding question railroad reason received recover rehearing respondent result risk rule SERVANT-WORKMEN'S COMPENSATION statute subrogation superior court supra Supreme Court sustained testimony tion track train verdict workman Workmen's Compensation Act Workmen's Compensation Law
Popular passages
Page 716 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 812 - Act to' recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 738 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Page 719 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it THE POLICE POWER OF THE STATES affects alike all persons similarly situated, is not within the amendment.
Page 302 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
Page 478 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 837 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury.
Page 883 - Under this test, if the injury can be seen to have followed as a natural incident of the work, and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises 'out of the employment.
Page 208 - willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage; 2. The words "neglect," "negligence," "negligent,
Page 358 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...