| Law reports, digests, etc - 1904 - 864 pages
...W. & W. R'y Co., 67 111. 498, supra, it was said, " by so entering into this employment " he " took upon himself the natural and ordinary risks and perils incident to the service in which he engaged, among which was the carelessness of his fellow-servants." The same suggestion... | |
| Francis Marion Burdick - Torts - 1905 - 604 pages
...declared that " the rule resulting from considerations as well of justice as of policy is, that he who engages in the employment of another for the performance...are not aware of any principle which should except those perils arising from the carelessness and negligence of those who are in the same employment.... | |
| John Rogers Commons - Industrial relations - 1905 - 668 pages
...Met. 49 : " 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...incident to the performance of such services, and, in a legal presumption, the compensation is adjusted accordingly." fiction,1 however, has no basis in... | |
| Law reports, digests, etc - 1905 - 1042 pages
...fellow servant of the injured party, is the nature of his duties. See ßishop, Non-Cont. Law, 665. He who engages in the employment of another for the performance...perils incident to the performance of such services, including the perils arising from the carelessness and negligence of those who are in the same employment... | |
| Thomas Johnson Michie - Law reports, digests, etc - 1906 - 868 pages
...Risks. — 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...perils ^incident to the performance of such services. The perils arising from the carelessness and negligence of those who are in the same employment, are... | |
| Iowa. Supreme Court - Law reports, digests, etc - 1908 - 870 pages
...breach. The employe undertakes the performance of duties and services for compensation, and in doing so takes upon himself the natural and ordinary risks...to the performance of such services, and, in legal assumption, the compensation is adjusted accordingly. Farwell v. Corporation, 4 Mete. (Mass.) 49, 55... | |
| Illinois State Bar Association - Bar associations - 1909 - 510 pages
...he said, "resulting from considerations as well of justice as of policy is that he who has engaged in the employment of another for the performance of...incident to the performance of such services and in legal contemplation the compensation is adjusted accordingly. And we are not aware of any principle which... | |
| Law reports, digests, etc - 1909 - 1276 pages
...himself the natural and ordinary risks and perils incident to the performance of such services, iind. In legal presumption, the compensation is adjusted accordingly. And we are not ¡i\vare of any principle which should except the perils arising from the carelessness and negligence... | |
| Philip Joseph Doherty - Employees' liability - 1911 - 388 pages
...Shaw, in the case of Far-well v. Boston & Worcester Railroad Corporation, 4 Mete. 49, says that "... he who engages in the employment of another for the performance...presumption, the compensation is adjusted accordingly. . . . They are perils incident to the service, and which can be as distinctly foreseen and provided... | |
| Ezekiel Henry Downey - History - 1912 - 364 pages
...no ' ' ^6 generai rale, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance...presumption, the compensation is adjusted accordingly." — Chief Justice Shaw's opinion in Farwell vs. Boston and Worcester Railroad Corporation, 4 Metcalf... | |
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