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The Duty and Liability of Employers As Well to the Public As to Servants and ...
Sir Walworth Howland Roberts
No preview available - 2013
accident action actual adopted ante appears apply arise authority Board bound breach brought carried caused Chap chapter circumstances common consequence considered contract contractor County Court course Court damage danger death decision defect defendants directed duty effect employed employer employment engaged engine entered entitled evidence exercise existence express fact fall give given ground held injury instance judge judgment jury knowledge labour latter liable Lord master means nature necessary negligence notice operation owner particular party person plaintiff position precautions premises prevent principle proper question Rail railway reason recover referred regards remedy respect responsible result right of action risk rule Sect seems seen servant ship statute sued sufficient taken tion tort Vict Wilson workman wrongful
Page 408 - Whenever 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 10 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 321 - Where the employer is a body of persons corporate or unincorporate, the notice shall be served by delivering the same at or by sending it by post in a registered letter addressed to the office, or, if there be more than one office, any one of the offices of such body. A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge who tries the action arising from the injury mentioned in the notice shall be of opinion that the defendant in the...
Page 476 - By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, and did conform...
Page 476 - ... employer to whose orders or directions the workman at the time of the injury was bound to conform and did conform where such injury resulted from his having so conformed ; or (4) By reason of the act or omission of any person in the service of the employer...
Page 478 - ... compensation in respect of any cause of action arising under this Act, and payment has not previously been made of any penalty or part of a penalty under any other Act of Parliament in respect of the same cause of action...
Page 90 - That an act done for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well established rule of law.
Page 477 - In any case where the workman knew of the defect or negligence which caused his injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer or some person superior to himself in the service of the employer, unless he was aware that the employer or such superior already knew of the said defect or negligence.
Page 472 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 22 - The proposition which these recognised cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that everyone of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...