The Workmen's Compensation Law Journal, المجلد 2William Otis Badger C.C. Hine's Sons Company, 1918 |
من داخل الكتاب
النتائج 1-5 من 96
الصفحة 25
... trains carrying both intrastate and interstate freight , and which was used in the same way after the accident , was not then employed in interstate commerce , within the meaning of the federal Employers ' Liability Act of April 22 ...
... trains carrying both intrastate and interstate freight , and which was used in the same way after the accident , was not then employed in interstate commerce , within the meaning of the federal Employers ' Liability Act of April 22 ...
الصفحة 84
... train and caused the death of Jones as resulting from a flying switch . Technically speaking , that was error , but in actual effect it is even more dangerous , and therefore is was greater negligence on the part of defendant to have ...
... train and caused the death of Jones as resulting from a flying switch . Technically speaking , that was error , but in actual effect it is even more dangerous , and therefore is was greater negligence on the part of defendant to have ...
الصفحة 99
... trains generally , and that the injury was caused by the negligence of " a baggage handler " who was a fellow servant . It appears that the cause of action was sufficiently pleaded in the original petition . In the absence of an attack ...
... trains generally , and that the injury was caused by the negligence of " a baggage handler " who was a fellow servant . It appears that the cause of action was sufficiently pleaded in the original petition . In the absence of an attack ...
الصفحة 112
... train to run between North Carolina and Virginia was engaged in interstate commerce , and his action for injuries must be disposed of under the federal statute which is exclusive , superseding the right of action under the state law ...
... train to run between North Carolina and Virginia was engaged in interstate commerce , and his action for injuries must be disposed of under the federal statute which is exclusive , superseding the right of action under the state law ...
الصفحة 113
... trains in the yard . About the hour of 12:15 o'clock p . m . , the crew was working in the north end of the yard ... train from Spencer , N. C. , to the Potomac Yards , Va . When plaintiff had set the brakes on the car which he rode ...
... trains in the yard . About the hour of 12:15 o'clock p . m . , the crew was working in the north end of the yard ... train from Spencer , N. C. , to the Potomac Yards , Va . When plaintiff had set the brakes on the car which he rode ...
طبعات أخرى - عرض جميع المقتطفات
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...