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Act Laws affirmed agreement alleged amended appellee application assumption of risk award carrier cause of action certiorari circuit court claim claimant Cleveland county common law conclusion contract contributory negligence counsel course damages death deceased decedent Decision rendered defendant's disability District Court duty employed employment engine entitled evidence fact federal Employers filed finding follows foreman held independent contractor Industrial Accident Board Industrial Board Industrial Commission injured employee interstate commerce Judge judgment jurisdiction jury Legislature Liability Act loss lumber Master and Servant MASTER AND SERVANT—WORKMEN'S ment notice operation opinion party payment pensation personal injury petition petitioner plaintiff in error ployee proceeding question railroad reason received recover rehearing respondent result risk rule SERVANT WORKMEN'S COMPENSATION statute subrogation superior court supra Supreme Court sustained testimony tion track train verdict workman Workmen's Compensation Act Workmen's Compensation Law
Side 604 - Sec. 2. 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...
Side 482 - Columbia and any of the states or 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...
Side 841 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury.
Side 362 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...
Side 15 - Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever.
Side 726 - The statute under consideration sets aside one body of rules only to establish another system in its place. If the employee is no longer able to recover as much as before in case of being injured through the employer's negligence, he is entitled to moderate compensation in all cases of injury, and has a certain and speedy remedy without the difficulty and expense of establishing negligence or proving the amount of the damages.
Side 423 - It need not have been foreseen 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 266 - An act prescribing the liability of an employer to make compensation for injuries received by an em-ployee in performing services arising out of and incidental to his employment in the course of his employer's trade, busi-ness or occupation...
Side 788 - The rights and remedies herein granted to an employee on account of a personal injury for which he is entitled to compensation under this Act shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury.