...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,...plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer...

...was an alleged defect, by a co-employe who was attempting to drive an iron spike, is not an injury "caused by reason of any defect in the condition of...or used in the business of the master or employer." (Code, 188G, § 2590, subd. 1.) (la. Pa. RR Co. v. Brook's, 138. 18. Running train within limits of...

...said cars were in a bad and defective condition, and that said injuries were caused by reason of the defect in the condition of the ways, works, machinery...or used in the business of the master or employer, and said defect arose from, or had not been discovered or remedied owing to the negligence of the master...

...eighth and ninth counts each fail to show that the injury was caused by any defect in the condition of ways, works, machinery or plant connected with or used in the business of the master of employe. 11. Said seventh count shows on its face that the injuries resulted from [Alabama Great...

...52° & 53° VICTORIA, No. 458. The Employers Liability Amendment Act. — 1889. caused by reason of a defect in the condition of the ways, works, machinery,...plant connected with or used in the business of the employer within the meaning of the said Act. • .Application of sub- 4. The provisions of sub-section...

...remedies aguinst the employer as if be had not been a workman — in case he receives personal injury caused " by reason of any defect in the condition...plant connected with or used in the business of the employer." That is there must be such a defect due to the negligence of the employer or those for whose...

...though there the law is carefully discriminating, and is effective only when the injury is caused : 1. By reason of any defect in the condition of the ways,...plant connected with or used in the business of the employer ; or 2. By reason of the negligence of any person in the service of the employer who has any...

...a master Is liable for Injury to bis servant where the Injury is caused by reason of any defect lu the condition of the ways, works, machinery, or plant...connected with or used in the business of the master.— LOUISVILLE A N. E.CO. v. BOULDING, Ala., 20 South. Bep. 326. 145. MECHANIC'S LIEN — Pleading and...

...Injuries to an employee from defects In car under Employers' Liability Act, the car not being a part of the "ways works, machinery, or plant connected with or used in the business" of the employer. — Bice v. Steverson. Ala., 88 So. 753. 45. "Kmployee." — Under Workmen's Compensation...

...' ' Section 1. Where after the commencement of the act personal injury is caused to a workman, (1) by reason of any defect in the condition of the ways,...plant connected with or used in the business of the employer; or (2) by reason of the negligence of any person in, the service of the employer who has...