The Law of the Employment of LaborMacmillan, 1911 - 373 pages |
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Common terms and phrases
A.S. sec Acts agreement Allis-Chalmers appliances applicable assume the risks assumption of risks breach Coal Code Colo common law Conn constitutional contract of employment contributory negligence corporations Cumberland Glass damages dangerous declared defense discharge doctrine duty earned effect employ enacted enforcement exempt fact federal fixed fourteenth amendment freedom of contract held hiring hours of labor injunction injury interference Iowa Kans legislation legislature liability Mass matter ment Minn N.J. Eq N.Y. Supp negligence per se Ohio St P. R. Co party payment of wages Pennsylvania Co performance persons ployee procure prohibited protection provisions quantum meruit R.S. ch railroad reason recover recovery regulations requiring restricted right of action rule safety SECTION servant Stat statute statutory supra Supreme Court term tion unconstitutional Union unlawful violation workmen
Popular passages
Page 344 - A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.
Page 344 - A servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no specified term.
Page 341 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless he has neglected to use ordinary care in the selection of the culpable employee.
Page 241 - In the employment and dismissal of men in the Government service, I can no more recognize the fact that a man does or does not belong to a union as being for or against him...
Page 344 - In the absence of any agreement or custom as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed.
Page 341 - The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer, or of a third person.
Page 172 - The hazardous character of the business of operating a railway would seem to call for special legislation with respect to railroad corporations, having for its object the protection of their employes as well as the safety of the public.
Page 343 - An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the latter; and the employer is liable to him, if the service is not gratuitous, for the value of such services only as are properly rendered.
Page 311 - If a party can make himself a judge of the validity of orders which have been issued, and by his own act of disobedience set them aside, then are the courts impotent, and what the Constitution now fittingly calls the " judicial power of the United States
Page 143 - Risks which may be obviated by the exercise of reasonable care on the part of the employer...