Negligence and Compensation Cases Annotated, Volume 1Callaghan, 1912 - Employers' liability Current appellate decisions with supporting pleadings and approved instructions relating to the law of negligence generally, with accompanying editorial comment, cross-references to additional sources, and relevant case annotations. |
From inside the book
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Page 17
... assumed to act in the name of the company , being of itself no evi- dence that the defendant was negli . gent , or that in their opinion it was responsible for the accident . The men were removed to a hospital , with which the defendant ...
... assumed to act in the name of the company , being of itself no evi- dence that the defendant was negli . gent , or that in their opinion it was responsible for the accident . The men were removed to a hospital , with which the defendant ...
Page 19
... assumed by Loomis . So to hold would be to affirm that every general manager may contract with physicians and surgeons in behalf of the mining corporation for which be is an agent , irrespective of the rights of the company and without ...
... assumed by Loomis . So to hold would be to affirm that every general manager may contract with physicians and surgeons in behalf of the mining corporation for which be is an agent , irrespective of the rights of the company and without ...
Page 132
... assumed that the chauf- feur was employed and paid by the defendant , I do not think that would make him liable . The arrangement simply amounted to the loaning of the car , with the driver , to the brother for his own use and purposes ...
... assumed that the chauf- feur was employed and paid by the defendant , I do not think that would make him liable . The arrangement simply amounted to the loaning of the car , with the driver , to the brother for his own use and purposes ...
Page 154
... assumed the risk and cannot recover . But the testimony of the plaintiff as to the circumstances in which he was ... assumption of the risks attending the ordinary use of the elevator . The defendant contends that Graves had no authority ...
... assumed the risk and cannot recover . But the testimony of the plaintiff as to the circumstances in which he was ... assumption of the risks attending the ordinary use of the elevator . The defendant contends that Graves had no authority ...
Page 157
... assumed . But the use of these words in this connection and with reference to such an undertaking does not determine the nature of the declaration . It is argued that a breach is alleged ; but the non- fulfillment of the undertaking is ...
... assumed . But the use of these words in this connection and with reference to such an undertaking does not determine the nature of the declaration . It is argued that a breach is alleged ; but the non- fulfillment of the undertaking is ...
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Common terms and phrases
accident action brought affirmed aforesaid agent alleged Appeal appellee assume the risk assumption of risk authority automobile bridge brought to recover carrier cause of action charge coal common carrier common law compensation complaint condition Constitution contract contributory negligence corporation County damages for personal danger death deceased defective defendant's demurrer door duty electric employed employee employment engine error evidence exercise fact failure fendant fire gence held highway injuries caused injuries sustained instruction Iowa judgment jury liability master ment Minn Ohio operation ordinary osteopathy owner passenger personal injuries plaintiff plaintiff in error question railroad company railway reason recover damages recovery rendered result rule servant sidewalk statute statutory street SUPREME COURT testimony thereof tiff tion tort track train trolley pole verdict violation W. R. Co wagon wires
Popular passages
Page 879 - 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 879 - ... in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 38 - 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.
Page 566 - 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 526 - ... which he would have been liable to pay if that workman had been immediately employed by him, and where compensation is claimed from or proceedings are taken against the principal, then, in the application of this act...
Page 890 - The laws of the United States are laws in the several states, and just as much binding on the citizens and courts thereof as the state laws are. The United States is not a foreign sovereignty as regards the several states, but is a concurrent and, within its jurisdiction, paramount, sovereignty.
Page 534 - ... means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying...
Page 34 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 37 - When our constitutions were adopted it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another.
Page 34 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.