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 53
... was prima facie evidence of negligent con- struction , and was not shown to be due to causes which should not have been foreseen and guarded against . in such circumstances the law imposes , viz . the UNAVOIDABLE INJURY . 53.
... was prima facie evidence of negligent con- struction , and was not shown to be due to causes which should not have been foreseen and guarded against . in such circumstances the law imposes , viz . the UNAVOIDABLE INJURY . 53.
الصفحة 54
... circumstances the law imposes , viz . the duty to take reasonable care either on the part of the person unfortunately occasioning the injury , or his superior answerable for his default , there can be no legal liability ( 55 ) . ( d ) ...
... circumstances the law imposes , viz . the duty to take reasonable care either on the part of the person unfortunately occasioning the injury , or his superior answerable for his default , there can be no legal liability ( 55 ) . ( d ) ...
الصفحة 60
... circumstances placed in such a position with regard to another , that every one of ordinary sense who did think , ( 0 ) Ante , p . 58 . ( p ) Ante , p . 58 . would at once recognise that if he did not use 60 THE EMPLOYERS ' LIABILITY ...
... circumstances placed in such a position with regard to another , that every one of ordinary sense who did think , ( 0 ) Ante , p . 58 . ( p ) Ante , p . 58 . would at once recognise that if he did not use 60 THE EMPLOYERS ' LIABILITY ...
الصفحة 73
... circumstances as , but for his being a volunteer , would have given him a cause of action under the Act ? We have before stated ( 1 ) that before the passing of the Act a volunteer became a fellow - servant with those workmen whom he ...
... circumstances as , but for his being a volunteer , would have given him a cause of action under the Act ? We have before stated ( 1 ) that before the passing of the Act a volunteer became a fellow - servant with those workmen whom he ...
الصفحة 85
... circumstances as prima facie to entitle the widow to recover compensation for his death . The action was brought under the Employers ' Liability Act , and was met by the defence that the deceased man had voluntarily contracted both ...
... circumstances as prima facie to entitle the widow to recover compensation for his death . The action was brought under the Employers ' Liability Act , and was met by the defence that the deceased man had voluntarily contracted both ...
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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...