The Workmen's Compensation Law Journal, المجلد 2William Otis Badger C.C. Hine's Sons Company, 1918 |
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الصفحة 23
... RAILROAD EM- PLOYEE . Whether a railroad employee was , within the federal Employers ' Liability Act ( Act April 22 , 1908 , c . 149 , 35 Stat . 65 [ Comp . St. 1916. §§ 8657-8665 ] ) , engaged in " interstate commerce " at the time he ...
... RAILROAD EM- PLOYEE . Whether a railroad employee was , within the federal Employers ' Liability Act ( Act April 22 , 1908 , c . 149 , 35 Stat . 65 [ Comp . St. 1916. §§ 8657-8665 ] ) , engaged in " interstate commerce " at the time he ...
الصفحة 25
... Railroad Co. v . Winters , 242 U. S. 353 , 37 Sup . Ct . 170 , 61 L. Ed . 358 , decided by the Supreme Court of the United States on January 8 , 1917 , it was held that a machinist helper , engaged in making repairs in the roundhouse ...
... Railroad Co. v . Winters , 242 U. S. 353 , 37 Sup . Ct . 170 , 61 L. Ed . 358 , decided by the Supreme Court of the United States on January 8 , 1917 , it was held that a machinist helper , engaged in making repairs in the roundhouse ...
الصفحة 70
... Railroad Co. , 212 Mass . 262 , 98 N. E. 1048 . The rulings in the two cases cited by the learned counsel for the defendants , decided by the Industrial Accident Commission of California ( Hansen v . Patterson Ranch Co. and Johnson v ...
... Railroad Co. , 212 Mass . 262 , 98 N. E. 1048 . The rulings in the two cases cited by the learned counsel for the defendants , decided by the Industrial Accident Commission of California ( Hansen v . Patterson Ranch Co. and Johnson v ...
الصفحة 84
... railroad parlance " high lining , " than to have imparted that motion on a level track , by means of a locomotive , in order to make a " flying switch . " We are firmly of the opinion that the . collision which caused the death of Jones ...
... railroad parlance " high lining , " than to have imparted that motion on a level track , by means of a locomotive , in order to make a " flying switch . " We are firmly of the opinion that the . collision which caused the death of Jones ...
الصفحة 98
... railroad company and an employee are both engaged in interstate commerce , such employee does not assume the risk of an in- jury that is inflicted as the result of the negligence of a fellow employee . 8 U. S. Comp . St. 1916 , §§ 8657 ...
... railroad company and an employee are both engaged in interstate commerce , such employee does not assume the risk of an in- jury that is inflicted as the result of the negligence of a fellow employee . 8 U. S. Comp . St. 1916 , §§ 8657 ...
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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...