Negligence: Rules--decisions--opinions, Volume 2

Front Cover
Banks, 1904 - 2562 pages

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Page 1786 - An employee, or his legal representative, shall not be entitled under this act to any right of compensation or remedy against the employer In any case where such employee knew of the defect or negligence which caused the Injury and failed, within a reasonable time, to give, or cause to be given, Information thereof to the employer, or to some person superior to himself In the service of the employer...
Page 1767 - But if the agent once actually undertakes and enters upon the execution of a particular work, it is his duty to use reasonable care in the manner of executing it, so as not to cause any injury to third persons, which may be the natural consequence of his acts...
Page 1120 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 1787 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Page 1787 - When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.
Page 1786 - The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served. The notice may also be served by post by a registered letter...
Page 2082 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 1149 - Their sole distinguishing feature is, that they should be the necessary incidents of the litigated act> — necessary, in this sense, that they are part of the immediate preparations for or emanations of such act, and are not produced by the calculated policy of the actors.
Page 1787 - Every existing right of action for negligence or to recover damages for injuries resulting in death is continued and nothing in this...
Page 1774 - January, eighteen hundred and ninetyeight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.

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