 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...  Albany Law Journal - Page 2461881Full view - About this book
 | William Paley - Agency (Law) - 1847 - 732 pages
...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...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
...cases from considerations of justice, as well as policy, is, that he who engages in the employment of another, for the performance of specified duties and services, for compensation, takes tipon himself the natural and ordinary risks and perils incident to the performance of Young r. New... | |
 | Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - Law reports, digests, etc - 1866 - 662 pages
...in any employment, thereby natural and ordinary risks and perils assumes upon himself the ordinary incident to the performance of such services, and...presumption the compensation is adjusted accordingly. risk, hazard, and danger incident to the place and the duties which, for the consideration agreed upon,... | |
 | Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1868 - 628 pages
...resulting from considerations as well of justice as of policy, being, that he who engages in the employment of another for the performance of specified duties...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
...Railroad Corporation (4 Met., 49), lays down the general rule, " that he who engages in the employment of another for the performance of specified duties...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... | |
 | California. Supreme Court - Law reports, digests, etc - 1873 - 762 pages
...exists, the implied contract of the servant and master is very plain: "He who engages in the employment of another, for the performance of specified duties...takes upon himself the natural and ordinary risks incident to the performance of such services, and in legal presumption the compensation is adjusted... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1874 - 632 pages
...general rule is, that he who engages in the employment of another, for the performance of specific duties and services, for compensation, takes upon...perils incident to the performance of such services, embracing perils arising from the negligence of those in the same employ as incident to the service."... | |
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