American Negligence Cases: A Complete Collection of All Reported Negligence Cases Decided in the United States Supreme Court, the United States Circuit Court of Appeals, All the United States Circuit and District Courts, and the Courts of Last Resort of All the States and Territories, from the Earliest Times, with Selections from the Intermediate Courts : [1789-1897] Topically Arranged, with Notes of English Cases and Annotations, Volume 15
Remick, Schilling & Company, 1904 - Law reports, digests, etc
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accident action affirmed agents alleged appellant appellee appliances assumption of risk Boston Boston & Albany bridge caught caused coal collision common law condition conductor contract contributory negligence coupling cars danger death deceased defect defendant's employ derrick directed for defendant duty employee injured employment engaged engine evidence Exceptions overruled exercise of due facts fellow-servant Fitchburg foreman freight train gence held injured by fall injuries sustained instructions intestate judgment for plaintiff jury Kansas killed laborer Law Rep Liability Act Louis machine machinery Massachusetts master and servant minor employee Nash neglect official report Old Colony opinion ordinary personal injuries plaintiff in error plaintiff's exceptions ployee question rail railroad company railroad employees railroad liable railway reason recover damages repair respondeat superior road rule set screw shaft Statute of 1887 superintendent Supreme Court switch testimony tion Topeka tort track trial Union Freight Railroad verdict directed yard
Page 292 - 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...
Page 445 - ... 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 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 intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 411 - Where several persons are employed in the conduct of one common enterprise or 'undertaking, and the safety of each depends much on the care and skill with which each other shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity, or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents, as the safety of the whole party may require.
Page 116 - Kansas of 1874 providing that "every railroad company organized or doing business in this state shall be liable for all damages done to any employee of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage...
Page 555 - ... (1) 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...
Page 226 - The servant, in order to recover for defects in the appliances of the business, is called upon to establish three propositions...
Page 293 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries, resulting from such death, to the wife and next of kin of such deceased person...
Page 308 - A servant when he engages to serve a master, undertakes, as between himself and his master, to run all the ordinary risks of the service, including the risk of negligence upon the part of a fellow-servant when he is acting in the discharge of his duty as servant of him who is the common master of both.
Page 456 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 429 - 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.