The Duty and Liability of Employers As Well to the Public As to Servants and Workmen

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...and " directions." Perhaps the latter word was inserted disjunctively ex abundanti (y) See ante, p. 235. (s) As to tho persons who are included in this term, see ante, Chap. IX. (a) As to the meaning of these words reference must be made to Chap. III., ante. (b) As to tho persons who are included in this term, ante, p. 232. (c) Sect. 1, sub-sect. 3. Sec tho Act in Appendix (C). (r/) Ante, p. 234 ct seq. (c) Dolan v. Anderson, 22 Sc. L. E. 529; 12 E. 804 (Sc.); and post, p. 272. cauteld, to prevent questions arising as to whether what Chap. x. passed between the negligent person and his subordinate did not take the shape of a suggestion rather than of a command. It is needless to point out that a suggestion emanating from a person in authority may he really tantamount to an order, although the phraseology is not imperative. But whatever be the distinction, if any, need not be between these terms, it would seem not to be essential to ePresseither that they should be conveyed in express words; for there may a perfectly-understood course of business, or state of circumstances, from which an order or direction to do an act is to be implied, although no words pass at the time (/). Thus, there may be certain operations of daily, or frequent, occurrence, and as to theso it is unnecessary that fresh instructions should be expressly given on every occasion by the foreman or person having the charge of them. So, also, compliance with an order to do one thing may necessarily involve the commission of an act of wliich no mention is made, and there can be no doubt that all the minor acts which are necessary to the attainment or completion of the thing expressly ordered, are themselves ordered by implication (g). But the orders or directions...