 | New Jersey. Supreme Court - Law reports, digests, etc - 1916 - 848 pages
...are not to be used as meaning out of — that is to say, in the course of. The words 'out of point to the origin or cause of the accident ; the words...circumstances under which the accident takes place." In dodging the blow intended for him or his hat, Hulley did, in effect, the same as the lady's maid... | |
 | 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 - 1918 - 870 pages
...Cas. 1916A, 386], as meaning that the words 'out of refer to the origin, or cause of the accident, and the words 'in the course of to the time, place and circumstances under which it occurred. "In Ayr Steam Shipping Co., Ltd., y. Lendrum, 6 BWCC 326, involving a fatal accident attended... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1918 - 728 pages
...cause of the accident and are descriptive of its character, while the words "in the course of" refer to the time, place and circumstances under which the accident takes place. (Fitzgerald v. Clarke & Sons, 1 BWCC 197; Dietzen Co. v. Industrial Board, 279 111. 1 1.) By the use... | |
 | Law reports, digests, etc - 1920 - 1156 pages
...not gone the whole way/ The words, 'out of point to the origin and cause of the accident or injury; the words, 'in the course of to the time, place, and circumstances under which the accident or injury takes place. The former -words are descriptive of the character or quality of the accident;... | |
 | Law reports, digests, etc - 1922 - 1148 pages
...determined by different tests. The words "out of" refer to the origin or cause of the accident, and the words "In the course of" to the time, place, and circumstances under which it occurs. It has therefore been said that an Injury which occurs while an employee Is doing what he... | |
 | Law reports, digests, etc - 1917 - 1184 pages
...in the Employers' Liability Act. in regard to injuries for which compensation may be allowed, refers to the time, place, and circumstances under which the accident takes place. [Ed. Note. — For other cnscs, see Master and Servant. Dec. Dig. €=375(1). For other definitions,... | |
 | Law reports, digests, etc - 1921 - 956 pages
...and rules of conduct only obscures the real Issue. The words "in the course of the employment" relate to the time, place, and circumstances under which the accident takes place. An accident arises in the course of the employment when it occurs within the period of the employment... | |
 | Law reports, digests, etc - 1918 - 1348 pages
...determined by different tests. The words "out of refer to the origin or cause of the accident, and the •words "in the course of" to the time, place, and circumstances under which it occurred. So it has been said that an injury which occurs while an employé is doing what he might... | |
 | F. L. Firminger - Employers' liability - 1910 - 616 pages
...S.-s. 1. Railway Co. [1902], 2 KB, at p. 183.) The phrase " in the course of the employment " points " to the time, place, and circumstances under which the accident takes place." (Fitzgerald v. Clarke & Son [1908], 2 KB, 796.) In the following cases it was decided that the accident... | |
 | James Sands Henderson - Law reports, digests, etc - 1911 - 544 pages
...employment " in section 1 of the Act are used conjunctively, not disjunctively. The words " out of " point to the origin or cause of the accident ; the words " in the course of " point to the time, place, and circumstances. The accident, to give rise to compensation, must be... | |
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I think, to the origin or cause of the accident; the words 'in the course of to the time, place, and circumstances under which the accident takes place. 
