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The Workmen's Compensation Law Journal: Reports of All Decisions Rendered in ...
William Otis Badger
Uten tilgangsbegrensning - 1920
accidental injury Act Laws action affirmed agreement alleged amended amount appeal appellant appellee application arbitrator arising award cause certiorari circuit court claimant commissioner common law contract contributory negligence counsel County course death deceased decedent Decision rendered defendant in error defendant's district court duty earning employed employer employment engaged entitled evidence fact filed finding foreman glanders held Industrial Accident Board Industrial Board Industrial Commission injured employee interstate judgment jurisdiction jury Kaupus Legislature Liability Act Magnolia Petroleum Company Master and Servant MASTER AND SERVANT—WORKMEN'S ment N. W. Rep N. Y. Supp negligence notice operation opinion paid parties payment pensation personal injuries petition petitioner plaintiff in error ployee proceedings question railroad reason received recover respondent result rule SERVANT—WORKMEN'S COMPENSATION statute subrogation supra SUPREME COURT sustained testified testimony tion verdict wages week workman Workmen's Compensation Act Workmen's Compensation Law
Side 682 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Side 733 - ... in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Side 220 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises "out of
Side 14 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Side 735 - ... 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.
Side 298 - It need not have been foreseen or or expected, but after the event it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Side 735 - That in all actions hereafter brought against any common carriers to recover damages for personal Injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury In proportion to the amount of negligence attributable to such employee. All questions...
Side 546 - The executor or administrator of a decedent who has left him or her surviving a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act, neglect or default, by which the decedent's death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent by reason thereof if death had not ensued.
Side 272 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.