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, 15±ÇRemick, Schilling & Company, 1904 |
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accident action Adm'r affirmed agents alleged appellant appellee appliances Assumption of risk Atchison Boston & Albany Boston & Maine bridge caused co-employee common law condition conductor Connecticut River construction contract contributory negligence coupling danger deceased defective defendant's employ directed for defendant District Court duty employee injured employment engaged engine error evidence Exceptions overruled exceptions to verdict exercise of due facts fellow-servant Fitchburg follows foreman gence guilty held injuries sustained instructions intestate January Term judgment for plaintiff jury Kansas laborer Law Rep liable Louis machine machinery Mass Massachusetts master mill neglect official report official syllabus opinion ordinary personal injuries plaintiff in error plaintiff's exceptions plaintiff's intestate proper question rail railroad company reason recover damages rendered repair road rule servant superintendent Supreme Court switch tending to show testified testimony tion Topeka & Santa tort track trial Union Freight Railroad verdict directed yard
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292 ÆäÀÌÁö - 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...
445 ÆäÀÌÁö - ... 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.
411 ÆäÀÌÁö - 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.
116 ÆäÀÌÁö - 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...
555 ÆäÀÌÁö - ... (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...
226 ÆäÀÌÁö - The servant, in order to recover for defects in the appliances of the business, is called upon to establish three propositions...
293 ÆäÀÌÁö - ... 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...
308 ÆäÀÌÁö - 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.
456 ÆäÀÌÁö - 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...
429 ÆäÀÌÁö - 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.