...dangerous premisesKnowledge of master — Ignorance of servant — Sufficiency of statement of claim. — In an action by a servant against his master to recover...injury caused by the defective state of machinery on promises or materials provided by tho defendant for the purpose« of the work, it ¡3 necessary,...

...within the meaning of the policy of insurance. 2. In an action upon an accident policy of insurance it is necessary for the plaintiff to allege and prove that the insured came to his death by violent, external, and accidental means within the time covered by the...

...Chief Justice curiously eschewed the language of "proximity" itself) who said: But, in every case, it is necessary for the plaintiff to allege and prove that the defendant knew or ought reasonably to have known that the information or advice would be communicated...

...proposition that a cotenant has the right to take from the common property his part. Under this rule it Is necessary for the plaintiff to allege and prove that the defendant had taken more than his part of the water. The plaintiff having failed to allege that the...

...rejected foreseeability of reliance and loss as a sufficient basis for a duty of care by the auditor. It is necessary for the plaintiff to allege and prove that the defendant knew or ought reasonably to have known: — that the information or advice would be communicated...

...remove the defect, held inadmissible where such promise was not pleaded." [Malm v. Thelin, 47 Neb. 686.] "In an action by a servant against his master to recover...for personal injury caused by the defective state of the machinery or premises or materials provided by the master for the purpose of the work, it is necessary...

...Stringfellow for appellant. Frank H. Miller and Chas. C. Crow for respondent. ELLISON, J. — This is an action by a servant against his master to recover damages for personal injuries alleged to have been caused by the negligence of the latter. A trial resulted in a verdict...

...the elevator; no duty to protect plaintiff as a stranger, invited guest or servant. JOHNSON, J.— Action by a servant against his master to recover damages for personal injuries alleged to have been caused by the negligence of the latter. At the conclusion of the evidence...

...App. 318; Hester v. Packing Co., 95 Mo. App. 16; Wiley v. Gas Co., 132 Mo. App. 380. JOHNSON, J. — Action by a servant against his master to recover damages for personal injuries alleged to have been caused by the negligence of the master. The answer, in addition to a...

...Portland, Me., for defendant. YOUNG, J. [1,2] The defendant bases his exception on the proposition that It is necessary for the plaintiff to allege and prove that the intestate left heirs at law surviving him ; that, however, is not the rule in this jurisdiction, for,...