The Employers' Liability Act, 1880, and the Workmen's Compensation Act, 1906: With the Statutes Relating to and Cases Decided on the Previous Workmen's Compensation Acts in England, Scotland, and Ireland; the County Court Rules of Procedure Under the Act of 1906; the Home Office Regulations and Forms; Together with Notes and Cases Decided in the Canadian Courts, and an Appendix of Canadian StatutesButterworth, 1910 - 980 من الصفحات |
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الصفحة 141
... accident , but may be only a causa sine quâ non , and may be expressed or implied , and need not be given at the precise time when the accident occurs . When must the Injury result ? -There is considerable doubt in the English decisions ...
... accident , but may be only a causa sine quâ non , and may be expressed or implied , and need not be given at the precise time when the accident occurs . When must the Injury result ? -There is considerable doubt in the English decisions ...
الصفحة 218
... Accident Co. ( b ) , he can call to his aid a presumption of law . In this case , which was a claim on a policy of insurance against death by accident , the tribunal of fact found the evidence so equally balanced that there was ...
... Accident Co. ( b ) , he can call to his aid a presumption of law . In this case , which was a claim on a policy of insurance against death by accident , the tribunal of fact found the evidence so equally balanced that there was ...
الصفحة 219
... accident , is no evidence that it was occasioned by negligence ( 187 ) . This is the rule . The exception to it is expressed by the maxim " Res ipsa loquitur , " and signifies that the occurrence or accident may be of such a character ...
... accident , is no evidence that it was occasioned by negligence ( 187 ) . This is the rule . The exception to it is expressed by the maxim " Res ipsa loquitur , " and signifies that the occurrence or accident may be of such a character ...
الصفحة 220
... accident might be itself proof that it was due to negligence , was the case of Skinner v . London , Brighton , etc. , Rail . Co. ( e ) . That case was decided in the year 1850 , and was an action arising out of a collision between two ...
... accident might be itself proof that it was due to negligence , was the case of Skinner v . London , Brighton , etc. , Rail . Co. ( e ) . That case was decided in the year 1850 , and was an action arising out of a collision between two ...
الصفحة 224
... accidents of a certain nature occur , and have been proved to occur , despite all reason- able care , such an accident cannot be said to imply negligence . This is really but the converse of the rule laid down in Scott v . London Dock ...
... accidents of a certain nature occur , and have been proved to occur , despite all reason- able care , such an accident cannot be said to imply negligence . This is really but the converse of the rule laid down in Scott v . London Dock ...
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عبارات ومصطلحات مألوفة
Appendix application arbitrator arise award breach British Columbia brought Brunswick Act Caledonian Rail Canadian Notes Canadian Pacific Rail Coal Colliery common employment common law contractor contributory negligence county court judge course Court of Appeal Court of Session damages death deceased decided defect defendant disablement disease Divisional Court doctrine duty earnings employed employer engaged entitled evidence Factory given Grand Trunk Rail ground held High Court House of Lords infra judgment jury L. J. Exch Liability Act London Lord Campbell's Act Lord ESHER machinery Manitoba manual labour master meaning ment Merchant Shipping Act North Western Rail Northern Rail notice Nova Scotia Ontario party pecuniary personal injury plaintiff plant principle purpose Quebec reasonable recover registrar risk rule Sched Scottish Decisions serious and wilful servant statute statutory sub-s sub-section superintendence supra trade or business trial Vict whilst wilful misconduct words workman Workmen's Compensation Act
مقاطع مشهورة
الصفحة 217 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.
الصفحة 908 - When the injury was caused by the personal negligence or wilful act of the employer, or of some person for whose act or default the employer is responsible, nothing in this act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this act or take the same proceedings as were open to him before the commencement of this act...
الصفحة 179 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
الصفحة 949 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
الصفحة 868 - Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board the ship...
الصفحة 2 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
الصفحة 926 - ... letter containing the same would be delivered in the ordinary course of post...
الصفحة 173 - If, within the time herein-after in this Act limited for taking proceedings, an action is brought to recover damages independently of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed ; but the court in which the action is tried shall, if the plaintiff shall so choose, proceed...
الصفحة 932 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
الصفحة 668 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if deatli had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...