Cases Decided in the Court of Session, and Also in the Justiciary and House of LordsT. & T. Clark, 1907 |
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Page 33
... employment - Coal Mines Regulation Act , 1887 ( 50 and 51 Vict . c . 58 ) , sec . 49 . The Coal Mines Regulation Act , 1887 , enacts , sec . 49 : - " The follow- ing general rules shall be observed , so far as is reasonably practicable ...
... employment - Coal Mines Regulation Act , 1887 ( 50 and 51 Vict . c . 58 ) , sec . 49 . The Coal Mines Regulation Act , 1887 , enacts , sec . 49 : - " The follow- ing general rules shall be observed , so far as is reasonably practicable ...
Page 34
... employment could not be pleaded by a master where a statutory duty imperatively laid on him had been neglected . The doctrine of common employment was that the risk of negligence on the part of a fellow - workman was one of the risks ...
... employment could not be pleaded by a master where a statutory duty imperatively laid on him had been neglected . The doctrine of common employment was that the risk of negligence on the part of a fellow - workman was one of the risks ...
Page 42
... employment . The true question appears to me to be , not whether the statute imposes an absolute duty with reference to each and every one of the specific rules which the 49th section contains , so that in every case of contravention ...
... employment . The true question appears to me to be , not whether the statute imposes an absolute duty with reference to each and every one of the specific rules which the 49th section contains , so that in every case of contravention ...
Page 43
... employment , notwithstanding that the direct cause of injury has been found to be the negligence of their under - manager and fireman . I think that that question again is decided by the case of David v . Britannic Merthyr Coal Company ...
... employment , notwithstanding that the direct cause of injury has been found to be the negligence of their under - manager and fireman . I think that that question again is decided by the case of David v . Britannic Merthyr Coal Company ...
Page 45
... employment of the respondents is the very cause of liability which the statute creates . They are to do their best in order to prevent persons in their employment from contravening the rules , and it is out of the question to say that ...
... employment of the respondents is the very cause of liability which the statute creates . They are to do their best in order to prevent persons in their employment from contravening the rules , and it is out of the question to say that ...
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Common terms and phrases
accident accordingly action alleged appeal apply Argued averred back-to-back houses bill British Linen Bank Burgh Police Scotland Campbell castle Chalmers charge charter charter-party circumstances claim clause Coal Company competent complainer contract Corporation Court of Session damages Dean of Guild deceased decision decree defenders demurrage discharge Division Dunstaffnage duty dwelling-house employers employment entitled evidence expenses fact favour fund Glasgow ground held injury interlocutor judgment liable liferent Limited Lord Dundas Lord Guthrie Lord Johnston Lord Kinnear Lord Ordinary Lord President Lord Salvesen Lordships Macph Magistrates marriage-contract matter meaning milk opinion parties payment person present proof proved provision purpose pursuer Railway reason reclaiming referred regard remitted respect respondents Richard Lees Scotland settlement Sheriff Court Sheriff Courts Scotland Sheriff-substitute statute statutory Stirling street testator tion trust-estate trustees Vict words workman
Popular passages
Page 180 - And the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 22 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any person 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.
Page 80 - If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as herein-after mentioned, be liable to pay compensation in accordance with the First Schedule to this Act.
Page 371 - Where any person sustains any damage by reason of the exercise of any of the powers of this Act...
Page 457 - And for and in respect of all interest of money, annuities, and other annual profits and gains not charged by virtue of any of the other schedules contained in this Act...
Page 22 - An Act to extend and regulate the Liability of Employers to make Compensation for Personal Injuries suffered by Workmen in their service.
Page 297 - ... be a dwelling-house so dangerous or injurious to health as to be unfit for human habitation...
Page 67 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 81 - ... in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earn ing or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper.
Page 60 - Act applies, by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this Act unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing, the said rules as regulations for the working of the mine, to prevent such contravention or non-compliance.