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... Report - Page 29by Connecticut Railroad Commissioners - 1885Full view - About this book
| William Paley - Agency (Law) - 1847 - 732 pages
...maintained. — 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...principle, which should except the perils arising from the carelessuess and negligence of those who are in the same employment. These are perils which the servant... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1886 - 744 pages
...Met. 49 : 2 Thompson on Negligence 924. A person " who engages in the employment of a railroad company for the performance of specified duties and services,...risks and perils incident to the performance of such service," and these include the perils arising from the carelessness and negligence of those who are... | |
| Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1857 - 484 pages
...Railroad Co. 3 Cush. (Mass.) R. 270. 34 services, for compensation, takes upon himself the natural ordinary risks and perils incident to the performance...presumption, the compensation is adjusted accordingly, And, he also thought, while from the nature of the relation no such contract can be inferred, there are... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859 - 654 pages
...resulting from considerations, as well of justice as of policy, is, that he who engages in the emplorment of another for the performance of specified duties...presumption, the compensation is adjusted accordingly." In the case of Seymore v. Maddox, the plaintiff alleged that he was employed at the defendant's theatre;... | |
| Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 712 pages
...engaged. The rule established in such cases from considerations of justice, as well as policy, is, that he who engages in the employment of another, for the...specified duties and services, for compensation, takes tipon himself the natural and ordinary risks and perils incident to the performance of Young r. New... | |
| Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1868 - 628 pages
...inferred ; the general rule, resulting from considerations as well of justice as of policy, being, that he who engages in the employment of another for the...services, for compensation, takes upon himself the natural ordinary risks and perils incident to the performance of such services, and, in legal presumption,... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1870 - 712 pages
...Farwell v. The Boston and Worcester Railroad Corporation (4 Met., 49), lays down the general rule, " that he who engages in the employment of another for the...presumption, the compensation is adjusted accordingly." If a contract may be implied from the relation of the parties, which shall thrust aside the common-law... | |
| Law - 1886 - 548 pages
...Chief Justice Shaw, in the leading case of Farwell v. Boston, etc., R. Corp., 4 Mete. 49, as follows: 'He who engages in the employment of another, for...perils incident to the performance of such services.' But there are well-defined exceptions to this general rule, one of which arises from the obligation... | |
| Law - 1886 - 546 pages
...proper discharge precisely as though he personally were to discharge them. Conversely, the servant who engages in the employment of another for the performance of specified duties takes upon himself the natural and ordinary risks and perils incident to the performance of such services,... | |
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