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accident action affirmed agreement alleged allowed amended amount answer appeal appellee application arising assumed authority award cause charge claim claimant commerce commission common Company conclusion condition construction contract counsel course damages death deceased defendant determine direct disability District duty effect employed employee employment engaged engine entered entitled error evidence fact filed finding follows further give given going ground hand held Industrial Industrial Commission injury instruction intended interstate Judge judgment jury Liability Act limited loss Master and Servant meaning ment nature negligence notice operation opinion paid party payment performance person petition plaintiff present proceeding question railroad reason received record recover respondent result reversed risk rule statute Supreme Court sustained testimony tion track train trial verdict weeks Workmen's Compensation Act
Page 592 - Sec. 2. That in all actions hereafter brought against any common carriers 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 -where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All...
Page 470 - 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 827 - 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 352 - 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...
Page 13 - Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever.
Page 713 - The statute under consideration sets aside one body of rules only to establish another system in its place. If the employee is no longer able to recover as much as before in case of being injured through the employer's 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 establishing negligence or proving the amount of the damages.
Page 413 - It need not have been foreseen or expected, but after the event it must appear to have had Its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Page 258 - An act prescribing the liability of an employer to make compensation for injuries received by an em-ployee in performing services arising out of and incidental to his employment in the course of his employer's trade, busi-ness or occupation...
Page 774 - The rights and remedies herein granted to an employee on account of a personal injury for which he is entitled to compensation under this Act shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury.