Negligence and Compensation Cases Annotated, Volume 20
Current appellate decisions with supporting pleadings and approved instructions relating to the law of negligence generally, with accompanying editorial comment, cross-references to additional sources, and relevant case annotations.
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accident action Affirming alleged amount appeal application approaching authority automobile award bridge cause charge child circumstances claim claimant coal collision Commission compensation condition contract course court held crossing damages danger death deceased defendant defendant's direction driver duty earnings electric elevator employed employee employment engaged engine error evidence exercise fact failed feet finding fire further given ground highway holding hour Industrial injury instruction judgment jury liability light living loss matter ment N. Y. Supp negligence operation ordinary parties pass passenger person plain plaintiff question railroad railway reason received recover relation result reversed riding road rule running servant side statute street sufficient sustained testimony tion track train traveling trial truck turned verdict wages wagon week wires
Página 637 - Exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it...
Página 319 - To determine whether a given case falls within the one class or the other we must inquire whose is the work being performed, — a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work.
Página 681 - The Legislature may by appropriate legislation create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment, irrespective of the fault of either party.
Página 655 - ... knew. or by the exercise of ordinary care should have known, of the danger.
Página 436 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Página 527 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work.
Página 337 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Página 381 - And the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done but how it shall be done.