Employers' Liability and Workmen's Compensation |
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accident action adjuster amendment amount attorney believe BRANTLEY Brotherhood of Locomotive CARLIN cent CHAIRMAN claim agents COBURN commission committee common carriers common law compensation act compensation bill compensation law Congress constitutional contributory negligence damages DAVIS disability Division EDWIN Y enacted expense fact favor Federal FLOYD gentlemen give GOMPERS GRAHAM HARDWICK hearings Hoke Smith HOWLAND indorsed injured employee interest interstate commerce Interstate Commerce Commission Judge jury trial killed labor lawyer letter liability act liability law litigation Locomotive Engineers matter month negligence NORRIS opposed Order of Railway organizations paid passed payment pensation person ployee proposition protection question railroad company railroad employees Railway Conductors receive recover remedy represent resolution SABATH Senator REED Senator SMITH Senator SUTHERLAND statement statute STERLING Supreme Court tion to-day trial by jury United wages Washington WEBB widow workingmen workman workmen's compensation
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418 페이지 - 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.
420 페이지 - ... the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act. In any proceeding under this sub-section, when the Court assesses the compensation it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act.
420 페이지 - Proceedings for the recovery under this act of compensation for an injury shall not be maintained 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...
375 페이지 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
113 페이지 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations.
35 페이지 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.
422 페이지 - Act or take proceedings independently of this Act ; but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid...
509 페이지 - ... except where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty...
477 페이지 - Under this Act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States...
111 페이지 - True, prior to the present act, the laws of the several States were regarded as determinative of the liability of employers engaged in interstate commerce for injuries received by their employees while engaged in such commerce. But that was because Congress, although empowered to regulate that subject, had not acted thereon, and because the subject is one which falls within the police power of the States in the absence of action by Congress.