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" In that sort of employment especially, which is described in the declaration in this case, the plaintiff must have known as well as his master, and probably better, whether the van was sufficient, whether it was overloaded, and whether it was likely to... "
The Irish Jurist - Page 220
1866
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1872 - 978 pages
...injury was occasioned by the breaking down of an overloaded van, and the judgment went on to say, " the plaintiff must have known as well as his master,...overloaded, and whether it was likely to carry him safely. In fact, to allow this sort of action to prevail, would be an encouragement to the servant to omit...
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Reports of Cases Argued and Determined in the Court of Exchequer: With a ...

Francis Stack Murphy, Edwin Tyrrell Hurlstone, Great Britain. Court of Exchequer - Law reports, digests, etc - 1838 - 416 pages
...in all, he is just as likely to be acquainted with the probability and extent of it as the master. In that sort of employment, especially, which is described...overloaded, and whether it was likely to carry him safely. In fact, to allow this sort of action to prevail, would be an encouragement to the servant to omit...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...in all, he is just as likely to be acquainted with the probability and extent of it as the master. In that sort of employment, especially, which is described...declaration in this case, the plaintiff must have Kxth. of known as well as his master, and probably better, whether the van was sufficient, whether...
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - Labor laws and legislation - 1852 - 638 pages
...in all, he is just as likely to be acquainted with the probability and extent of it as the master. In that sort of employment especially, which is described...overloaded, and whether it was likely to carry him safely- In fact, to allow this sort of action to prevail, would be an encouragement to the servant to omit...
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The Practice in Courts of Justice in England and the United States, Volume 2

Conway Robinson - Actions and defenses - 1855 - 884 pages
...master, in the carriage or in the mode of loading and conducting it. In such an employment the servant must have known as well as his master, and probably...overloaded, and whether it was likely to carry him safely. To allow this sort of action to prevail would b« an encouragement to the servant to omit that diligence...
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A Treatise on the Law of Highways

Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1857 - 484 pages
...in all, he is just as likely to be acquainted with the probability and extent of it, as his master. In that sort of employment, especially, which is described...was overloaded, and whether it was likely to carry hirn safely. In fact, to allow this sort of action to prevail, would be an encouragement to the servant...
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...in all, he is just as likely to be acquainted with the probability and extent of it as the master. In that sort of employment, especially which is described in the declaration in this cuse, the plaintiff must have known, as well as his master, and probably better, whether the van was...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 11

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 566 pages
...is just as likely fc> *4341 ^e ac4uainted *with the probability and extent of it as the -1 master. In that sort of employment, especially, which is described...sufficient, whether it was overloaded, and whether it was likelv to carry him safely. In fact, to allow this sort of action to prevail would be an encouragement...
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A Treatise Upon the Law Applicable to Negligence

Thomas William Saunders - Liability - 1871 - 338 pages
...acquainted with the probability and extent of it as the master. In that sort of employment, especially that which is described in the declaration in this case, the plaintiff must have known as well as the master, and probably better, whether the van was sufficient, whether it was overloaded, and whether...
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The Law of Master and Servant: In Regard to Clerks, Artizans, Domestic ...

Edward Spike - Master and servant - 1872 - 182 pages
...acquainted with the probability and extent of it, " as the master. In that sort of employment, espe" cially, which is described in the declaration in this " case,...overloaded, and whether it " was likely to carry him safely. In fact, to allow " this sort of action to prevail would be an encourage" ment to the servant to omit...
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