Bulletin of the Department of Labor of the State of New York, Volumen18,Temas80-86 |
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Página 29
... actions proper but to the right of action under employers ' liability laws as well . Whereas formerly the employee in a case like the present one had the choice of an action under the common law or of a proceeding in admiralty , he now ...
... actions proper but to the right of action under employers ' liability laws as well . Whereas formerly the employee in a case like the present one had the choice of an action under the common law or of a proceeding in admiralty , he now ...
Página 30
... action against the master or owner of the vessel in any court , state or federal , having jurisdiction . ( The Moses Taylor , 4 Wall . 411 ; The Hine v . Trevor , Id . 555 ; The Belfast , 7 id . 624 ; Steamboat Co. v . Chase , 16 id ...
... action against the master or owner of the vessel in any court , state or federal , having jurisdiction . ( The Moses Taylor , 4 Wall . 411 ; The Hine v . Trevor , Id . 555 ; The Belfast , 7 id . 624 ; Steamboat Co. v . Chase , 16 id ...
Página 31
... actions or proceedings in court , might with some reason be claimed to infringe upon the constitutional rights of ... action for damages against his employer who had fully complied with the Workmen's Compensa- tion Act , Justice Crane ...
... actions or proceedings in court , might with some reason be claimed to infringe upon the constitutional rights of ... action for damages against his employer who had fully complied with the Workmen's Compensa- tion Act , Justice Crane ...
Página 32
... action to recover damages for injuries or is com- pletely barred by the Workmen's Compensation Act ( Laws of 1913 , chap . 816 , re - enacted and amd . by Laws of 1914 , chap . 41 ) . This action is brought to recover damages for ...
... action to recover damages for injuries or is com- pletely barred by the Workmen's Compensation Act ( Laws of 1913 , chap . 816 , re - enacted and amd . by Laws of 1914 , chap . 41 ) . This action is brought to recover damages for ...
Página 33
... action thereunder was voluntary . So we come to the question whether an employee may be compelled to accept a certain sum of money by a legislative fiat for an injury done to him through negligence . Can the legislature take away ...
... action thereunder was voluntary . So we come to the question whether an employee may be compelled to accept a certain sum of money by a legislative fiat for an injury done to him through negligence . Can the legislature take away ...
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Pasajes populares
Página 96 - arises out of the employment, when there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises...
Página 34 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Página 199 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Página 221 - ... 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 negligence of the employee.
Página 315 - The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.
Página 83 - It is sufficient to say that an injury is received ' in the course of ' the employment when it comes while the workman is doing the duty which he is employed to perform. It arises ' out of
Página 173 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Página 297 - ... except that if an employer fail to secure the payment of compensation for his injured employees and their dependents as provided in section fifty of this chapter, an injured employee, or his legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury...
Página 24 - The provisions of this act shall apply to employers and workmen engaged in intrastate and also in interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States...
Página 267 - The pecuniary liability of the employer for the treatment and other service herein required shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured person.