 | Homer Richey, Daunis McBride - 1916 - 858 pages
...exonerates a servant from the former [assumption of risk], if at the same time it leaves the defense of contributory negligence still open to the master...him with assumption of the risk under another name." Schlemmer v. Buffalo, etc., R. Co., 205 US 1, 51 L. Ed. 681, 27 S. Ct. 407. The Supreme Court of the... | |
 | William Wheeler Thornton - 1916 - 1122 pages
...and when a statute exonerates a servant from the former, if at the same time it leaves the defense of contributory negligence still open to the master,...opinion, then, unless great care be taken, the servant's right will be sacrificed by simply charging him with assumption of risk under another name. Especially... | |
 | Otis Beall Kent - 1919 - 328 pages
...and when a statute exonerates a servant from the former, if at the same time it leaves the defense of contributory negligence still open to the master,...him with assumption of the risk under another name. — Holmes, Justice, pages 12-13. Chicago Junction Ry. Co. v. King, 169 Fed. Kep., 372. Circuit Court... | |
 | 1907 - 538 pages
...and when a statute exonerates a servant from the former, if at the same time it leaves the defense of contributory negligence still open to the master...great care be taken, the servant's rights will be sacrifled by simply charging him with assumption of risk under another name. Especially is this true... | |
 | 1915 - 1518 pages
...the same time it leaves the defense of contributory negligence still open to the master, a matter on which we express no opinion, then, unless great care...him with assumption of the risk under another name." Schlemmer v. Buffalo, R. & PE Co., 205 US 1, 51 L. Ed. 681 (1907), rev'g 207 Pa. 198, 15 Am. Neg. Sep.... | |
 | 1917 - 1126 pages
...of risk, and In discussing the relation between that defense and contributory negligence, say that: "Unless great care be taken, the servant's rights will be sacrificed by simply charsins him with assumption of risk under another name." Schlemmer v. Buffalo, etc., Co., 'J05 US... | |
 | United States. Congress. House. Committee on the Judiciary. Subcommittee No. 4 - 1938 - 86 pages
...former, if at the same time it leaves the defense of contributory negligence still open to the master, then, unless great care be taken, the servant's rights...him with assumption of the risk under another name. That is what they do. I don't think that there is a jurist alive who can honestly distinguish, or a... | |
 | James W. Ely - 1995 - 286 pages
...remedial purpose of the statute, Holmes concluded, would be undercut if an employee's rights could be "sacrificed by simply charging him with assumption of the risk under another name." 22 Justice Brewer, in dissent, stressed the distinction between assumption of the risk and contributory... | |
 | 1907 - 1164 pages
...and when a statute exonerates a servant from the former, if at the same time it leaves the defense of contributory negligence still open to the master,...negligence as convertible terms. Patterson v. Pittsburg & Conncllsville RR Co., 70 Pcnn. St. 38Í). We cannot help thinking that this has happened in the present... | |
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But the difference between the two is one of degree rather than of kind; and when a statute exonerates a servant from the former, if at the same time it leaves the defense of contributory negligence still open to the master (a matter upon which we express... 
