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accident action affirmed agent alleged appeal applied authority automobile award brought carrier cause charge claim close collision commerce compensation condition contract course court held damages danger death decedent defective defendant defendant's derailment directed door driving duty effect employed employee employment engaged engine error evidence exercise fact failed failure Federal feet fendant finding fire further going ground hospital hour injury instruction interstate judgment jury liability light loss ment N. Y. Supp necessary negligence occurred operated owner passed passenger permitted person plain plaintiff proper question rail railroad reason received recover repair result reversed riding road rule running servant side speed statute stop street sufficient suit sustained switch testified testimony tiff tion track train trial court truck verdict
407 페이지 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
284 페이지 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.
233 페이지 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
167 페이지 - The period of Federal control shall not be computed as a part of the periods of limitation in actions against carriers or in claims for reparation to the Commission for causes of action arising prior to Federal control.
166 페이지 - Carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this act or any other act applicable to such Federal control or with any order of the President. Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law ; and in any action at law or suit in equity against...
586 페이지 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative...
213 페이지 - It is sufficient to say that an injury is received " in the course of " the employment when it comes while the workman is doing the duty which he is employed to perform. It arises " out of " the employment when there is apparent to the rational mind upon consideration of all the circumstances a causal connection between the conditions under which the work is required to be performed and the resulting injury.
648 페이지 - Grant was caused by an injury by accident arising out of and in the course of his employment within the meaning of the said Act?
173 페이지 - ... a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which in fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of. the negligent act, have thought reasonably possible to follow, if they had occurred to his mind.
547 페이지 - If the consequences follow in unbroken sequence from the wrong to the injury without an intervening efficient cause, it is sufficient if, at the time of the negligence, the wrongdoer might, by the exercise of ordinary care, have foreseen that some injury might result from his negligence.