The Employers' Liability Act, 1880, and the Workmen's Compensation Act, 1906: With the Statutes Relating to and Cases Decided on the Previous Workmen's Compensation Acts in England, Scotland, and Ireland; the County Court Rules of Procedure Under the Act of 1906; the Home Office Regulations and Forms; Together with Notes and Cases Decided in the Canadian Courts, and an Appendix of Canadian Statutes
Butterworth, 1910 - Broj stranica: 980
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action Appendix application arbitrator arise award British Columbia Caledonian Rail Canadian Notes Canadian Pacific Rail cause certifying claim for compensation Coal Colliery common employment common law contract of service contractor contributory negligence county court judge course Court of Appeal Court of Session death deceased decided defect dependants disablement disease Divisional Court duty employed employer engaged entitled evidence Factory given Grand Trunk Rail held House of Lords incapacity judgment jury L. J. Exch legal personal representative Liability Act Limited Lord Campbell's Act manual labour master meaning medical referee ment Merchant Shipping Act Northern Rail notice Nova Scotia Ontario parties pensation personal injury plaintiff present Act principle proceedings purpose Quebec recover referred registrar responsible rules Sched Scottish Decisions serious and wilful servant statute statutory supra tion trade or business Vict wages weekly payments Western Rail whilst wilful misconduct words workman Workmen's Compensation Act
Stranica 217 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.
Stranica 908 - When the injury was caused by the personal negligence or wilful act of the employer, or of some person for whose act or default the employer is responsible, nothing in this act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this act or take the same proceedings as were open to him before the commencement of this act...
Stranica 179 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons 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.
Stranica 949 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Stranica 868 - Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board the ship...
Stranica 2 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Stranica 926 - ... letter containing the same would be delivered in the ordinary course of post...
Stranica 173 - If, within the time herein-after in this Act limited for taking proceedings, an action is brought to recover damages independently of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed ; but the court in which the action is tried shall, if the plaintiff shall so choose, proceed...
Stranica 932 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Stranica 668 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if deatli had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...