The Workmen's Compensation Law Journal, المجلد 2William Otis Badger C.C. Hine's Sons Company, 1918 |
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الصفحة 17
... agreement any of his or her rights to compensation under the act . The employer is conclusively presumed to have elected to pay com- pensation in accordance with the provisions of the act , unless notice in writing to the contrary shall ...
... agreement any of his or her rights to compensation under the act . The employer is conclusively presumed to have elected to pay com- pensation in accordance with the provisions of the act , unless notice in writing to the contrary shall ...
الصفحة 19
... agreement respecting the terms of employment - the court first disposed of the questions pertaining to the right of litigants to invoke the common - law remedies and the defenses of assump- tion of risk , negligence of a coemployee ...
... agreement respecting the terms of employment - the court first disposed of the questions pertaining to the right of litigants to invoke the common - law remedies and the defenses of assump- tion of risk , negligence of a coemployee ...
الصفحة 21
... agreement respecting employ- ment , the court is of the view that the act is fairly supportable on the ground that it is a reasonable exercise of the police power of the state . The court further says concerning the act , answer- ing ...
... agreement respecting employ- ment , the court is of the view that the act is fairly supportable on the ground that it is a reasonable exercise of the police power of the state . The court further says concerning the act , answer- ing ...
الصفحة 27
... agreement that such facts existed . [ 2 ] The insurance carrier set up in its answer the defense that there had been a breach , on the part of Johnson , the em- ployer , of certain warranties contained in the policy , and that upon ...
... agreement that such facts existed . [ 2 ] The insurance carrier set up in its answer the defense that there had been a breach , on the part of Johnson , the em- ployer , of certain warranties contained in the policy , and that upon ...
الصفحة 48
... agreement with appellee , under which appellant was working when injured , was in writing , and is set out in full in the briefs . We have extracted the portions pertinent to the question confronting us . It begins : * " The Builder's ...
... agreement with appellee , under which appellant was working when injured , was in writing , and is set out in full in the briefs . We have extracted the portions pertinent to the question confronting us . It begins : * " The Builder's ...
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عبارات ومصطلحات مألوفة
Act Laws affirmed agreement alleged amended appellee application assumption of risk award carrier cause of action certiorari circuit court claim claimant Cleveland county common law contract contributory negligence counsel course damages death deceased decedent Decision rendered defendant's disability District Court duty employed employment engine entitled evidence fact federal Employers filed finding follows foreman held independent contractor Industrial Accident Board Industrial Board Industrial Commission injured employee interstate commerce Judge judgment jurisdiction jury Legislature Liability Act loss lumber Master and Servant MASTER AND SERVANT-WORKMEN'S ment N. E. Rep notice operation opinion party payment pensation personal injury petition petitioner plaintiff in error ployee proceeding question railroad reason received recover rehearing respondent result risk rule SERVANT-WORKMEN'S COMPENSATION statute subrogation superior court supra Supreme Court sustained testimony tion track train verdict workman Workmen's Compensation Act Workmen's Compensation Law
مقاطع مشهورة
الصفحة 716 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
الصفحة 812 - Act 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, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
الصفحة 738 - 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, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
الصفحة 719 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it THE POLICE POWER OF THE STATES affects alike all persons similarly situated, is not within the amendment.
الصفحة 302 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
الصفحة 478 - 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...
الصفحة 837 - 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.
الصفحة 883 - Under this test, if the injury can be seen to have followed as a natural incident of the work, and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises 'out of the employment.
الصفحة 208 - willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage; 2. The words "neglect," "negligence," "negligent,
الصفحة 358 - 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...