The Employers' Liability Acts and the Assumption of Risks in New York, Massachusetts, Indiana, Alabama, Colorado, and England, Opseg 1

Naslovnica
Keefe-Davidson Company, 1902 - Broj stranica: 881
 

Sadržaj

IndianaDamages
19
ColoradoDamages
20
Right of Action Ground for Administration
21
Foreign Administrator
22
Conflict of Laws
23
ReleasesValidityReturn of ConsiderationReleases
24
InjuriaContributory Negligence
35
Connected with or Used inForeign CarsMasters Re sponsibility Covers Only the Period of User
42
Ways etc in Process of Construction or Destruction
43
Master and Servant
54
Independent Contractor
59
Who are Servants
61
Injury must Result from Having Conformed
67
Negligence
68
Effect of Clause on Rules and Instructions
69
Act Applies to Municipal Corporations
72
Proximate Cause
79
Concurring Negligence of Fellow Servant
87
The common
116
InfantsReleases under Lord Campbells
139
Contracts Waiving ActStatutes
142
ReliefFund Agreements
151
CHAPTER III
154
Notice
156
Ways etc must be Furnished by Master
192
Ways
211
Works
227
Machinery
230
PlantTools 49 Negligence
234
Res Ipsa Loquitur
242
Statutory Enactments
245
Negligence of the Employer
249
Negligence of a Person Intrusted
250
Court or Jury
254
CHAPTER V
259
Superintendence
272
Any Superintendence
273
Sole or Principal DutyCourt or Jury 61 Need not Superintend Plaintiff
279
Whilst in Exercise of Superintendence
280
Negligence of SuperintendentEvidence
289
CHAPTER VI
295
Act or Omission
313
Obedience
317
Rules ByLaws and Particular Instructions
318
CHAPTER VII
321
Charge or Control
332
When Negligence must Occur
338
Signals Points and Switch
339
Locomotive Engine
341
Cars
344
Train
346
Upon a RailwayTrack of a Railway 81 Indiana Clause
351
A English Employers Liability Act of 1880
ABGÅ
Indiana Employers Liability Act of 1893
4
Who are Servants under the
10
Who are Masters under the ActReceivers
11
Act Applies to Municipal CorporationsCharitable Corpora
12
tionsAct Applies 13 There must be of Necessity Actual Employment
13
Proximate CausePersonal InjuriesProximate Cause Intervening Cause
14
Concurring Negligence of Fellow ServantConcurrent Caus esConcurring Servant
15
Statutory Action for DeathSurvival of Action at Common
16
Time Place and Cause
28
InaccuracyMassachusettsEngland
29
Time for Giving NoticeDisability of Plaintiff
30
Person to Give NoticeIn Case of Death
31
To Whom and How Notice is to be Given
32
Effect of Notice
33
Limitation of Action
34
Amendments
35
Conflict of Laws
36
Common LawThe Duty is Personal
37
Effect of Clause
38
Defect in ConditionUnsuitablenessDangerNegligence
39
Permanence
40
Plaintiff must be Bound to ConformPerson must have Au thorityOrder must Require Obedience
65
Distinction between Volenti Non Fit Injuria and Contribu tory Negligence
86
Pleading Assumption of Risk
87
Contractual Assumption of RiskMasters Negligence
88
Fellow ServantsCompetent Servants
89
Dangers Incidental to the BusinessRailroadsStreet Rail ways ShippingElectricity Mining Construction of BuildingsManufacturing
90
Obvious DangersCommon KnowledgePlaintiffs Capacity
95
Dangers Obvious to Minors
96
Extent of Knowledge
97
Presumptions as to Knowledge
98
Duty to WarnExtent of WarningContinuing DutyCan not be Delegated
99
When Place or Machinery is not Furnished by Master
100
Contractual Assumption Applies Only to Servants
101
Dangers not Included in the Contractual Assumption
102
Scope of Employment
103
Servant Going of His Own Accord Outside the Scope
104
Servant Sent by Master Outside the Scope
105
Abrogating the Old and Making a New Contract
106
Fear of DischargeRisk Without the Scope of Employ mentRisk Within the Scope of Employment
107
Contributory Negligence 109 Disobedience of Rules
108
Temporary Orders and Duties of Master in Course of Work Order to HurryNature of Work Requiring Warning
110
Reliance on Care of Master
111
Equal Opportunity to Discover DangerMaking Safe
112
Assurances of Safety
113
Assumption of Risk by Continuance at Work 114a England 114b Massachusetts
114
114c Indiana 114d Alabama 114e Colorado 114f Federal Courts 115 Promise to RepairReasonable TimeContributory Negli gence
115
Breach of Statutory Obligation
116
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Popularni odlomci

Stranica 96 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Stranica 126 - Be it therefore enacted, 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 death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Stranica 23 - Any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review may be ended, diminished, or increased, subject to the maximum above provided, and the amount of payment shall, in default of agreement, be settled by arbitration under this Act.
Stranica 10 - If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman. his employer shall, subject as herein-after mentioned, be liable to pay compensation in accordance with the First Schedule to this Act.
Stranica 30 - By reason of any defect in the condition of the ways, works or machinery 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 or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...
Stranica 85 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Stranica 157 - The notice may also be served by post by a registered letter addressed to the person oil whom it is to be served at his last known place of residence or place of business ; and, if served by post, shall be deemed to have been served at the time when...
Stranica 95 - That every such Action shall be for the Benefit of the Wife, Husband, Parent, and Child of the Person whose Death shall have been so caused...
Stranica 6 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Stranica 12 - Proceedings for the recovery under this act of compensation for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the happening thereof, and before the workman has voluntarily left the employment in which he was injured...

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