 | 1917 - 1450 páginas
...option, elect to claim compensation under the act, or to maintain an action in the courts for damages, and in such an action it shall not be necessary to...was caused by the negligence of a fellow servant, that the employee assumed the risk of his employment, or that the injury waa due to contributory negligence.... | |
 | New York (State). Department of Labor - 1917 - 778 páginas
...compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action it shall not be necessary to...plead as a defense that the injury was caused by the regl^nce of a fellow servant nor that the employee assumed the risk of his employment, nor that the... | |
 | 1917 - 982 páginas
...action in the courts for damages on aeount of such injury ; and in such an action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant or that the employee assumed the risk of his employment, or that the injury was due to the contributory... | |
 | New York (State) - 1917 - 88 páginas
...shall not be necessary to plead orprove freedom from contributory negligence nor may the defendant4 plead as a defense that the injury was caused by the negligence of a fellow servant5 nor that the employee assumed the risk of his employment,5 nor that the injury was due to... | |
 | William Mark McKinney, Burdett Alberto Rich - 1917 - 1360 páginas
...specially pleaded finds support in some jurisdictions." The courts of other states, however, hold the defense that the injury was caused by the negligence of a fellow servant of the plaintiff to be an affirmative defense that should be specially pleaded.7 If the complaint shows... | |
 | New York (State). Dept. of Labor - 1918 - 638 páginas
...compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action it shall not be necessary to...plead as a defense that the injury was caused by the ncglibDnce of a fellow servant nor that the employee assumed the risk of his employment, nor that the... | |
 | New York (State) - 1918 - 772 páginas
...compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action it shall not be necessary to...prove freedom from contributory negligence * * * nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory... | |
 | Joseph Wesley Thompson - 1918 - 336 páginas
...employers to recover damages for injuries sustained in the course of the employment it shall not be a defense that the injury was caused by the negligence of a fellow servant. Gibson v. Kennedy Extension Gold Min. Co., Cal. , 156 Pac., 56, p. 60 (1916). GEOLOGIST. LAWS 1853,... | |
 | Arthur B. Honnold - 1918 - 1014 páginas
...action in the courts for damages on account of such injury ; and in such an action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow-servant or that the employe assumed the risk of his employment, or that the injury was due to... | |
 | New York (State). Dept. of Labor - 1920 - 1206 páginas
...option elect to claim compensation under the act or to maintain an action in the courts for damages, and in such an action it shall not be necessary to...was caused by the negligence of a fellow servant, that the employee assumed the risk of his employment, or that the injury was due to contributory negligence.... | |
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... an injured employee, or his legal representative in case death results from the injury, may, at his option, elect to claim compensation under this... 
