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" ... 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 and perils incident to the performance of such services, and in legal presumption,... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 593
by 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 - 1886
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Report

Connecticut Railroad Commissioners - Railroads - 1885 - 394 pages
...performance of such services, and, in legal presumption, the compensation is adjusted accordingly. And we are not aware of any principle which should except...negligence of those who are in the same employment." In the case of Burke vs. Norwich & Worcester Railroad Company, decided by our Supreme Court in 1867,...
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The American Law Register, Volume 24; Volume 33

Electronic journals - 1885 - 890 pages
...performance of ouch services, and in legal presumption, the compensation is adjusted accordingly. And we are not aware of any principle which should except...negligence of those who are in the same employment." Further on the chief justice says : " Where several persons are employed in the conduct of one common...
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The American Law Register, Volume 24; Volume 33

Electronic journals - 1885 - 902 pages
...performance of such services, and in legal presumption, the compensation is adjusted accordingly. And we arc not aware of any principle which should except the...negligence of those who are in the same employment." Further on the chief justice says : " Where several persons are employed in the conduct of one common...
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The American Decisions: Containing All the Cases of General Value ..., Volume 36

Law reports, digests, etc - 1886 - 848 pages
...performance of such services, and in legal presumption the compensation is adjusted accordingly. And we are not aware of any principle which should except...of those who are in the same employment. These are penis which the servant is as likely to know, and against which he can as effectually guard, as the...
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The Central Law Journal, Volume 23

Law - 1886 - 646 pages
...performance of such services, and in legal presumption the compensation is adjusted accordingly. And we are not aware of any principle which should except...negligence of those who are in the same employment. ' ' It will be seen from the foregoing cases, that the authorities base the master's exemption first,...
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The Mining Reports: A Series Containing the Cases on the Law of ..., Volume 10

Robert Stewart Morrison - Mining law - 1886 - 772 pages
...receives increased compensation. The justice and policy of this are maintained by these arguments: That these are perils which the servant is as likely to...which he can as effectually guard, as the master; that they are perils which can be as distinctly foreseen and provided for in the rate of compensation...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1886 - 780 pages
...performance of such services, and in legal contemplation the compensation is adjusted accordingly. And we are not aware of any principle which should except the perils arising from the carelessness or1 ignorance of those who are in the same employment. These are perils which the servant is as likely...
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The Atlantic Reporter, Volume 97

Law reports, digests, etc - 1916 - 1116 pages
...the natural and ordinary risks and perils incident to the performance of sucli service, which include the carelessness and negligence of those who are in the same employment" This is a very compact and correct statement of the rule respecting the assumption of risks by the...
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A Treatise on the Law of Negligence, Volume 1

Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 pages
...performance of such services, and in a legal presumption, the compensation is adjusted accordingly. And we are not aware of any principle which should except...negligence of those who are in the same employment; perils which the servant is as likely to know, and against which he can as effectually guard, as the...
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