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Employer's Liability

Employer's Liability


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ... of being injured by any defect in said car." 1 In fcxas it has been held proper to refuse a. requested instruction that the ser'ant--a car repairer---took the position subject to all risks pertaining to the service, and, if he knew of the custom or manner in which entry was made upon the repair tracks, he assumed all risks incident to that custom. Tm-as:6 P. R. Go. v. Eberhea/rt (1897) 91 Tex. 321, 43 S. W. 510, Affirming (1897; Tex. Civ. App.) 40 S. YV. 1060. Compare the decisions that a brakeman does not assume the risks incident to the negligent inspection of cars, even though he may know that such is the manner of inspection (Missouri, K. & T. R. Co. v. Chambers 1897 17 Tex. Civ. App. 487, 43 S. W. 1090); and that the fact that the injured servant knew that a railroad company had no car inspector in a large town does not charge him with an assumption of the risks arising from the want of inspection (Missouri, K. 15 T. R. 00. v. Crowder l899; Tex. Civ. App. 55 S. W. 380). Vhere a railroad employee was injured by reason of a. defect in a car, which would have been di.(-overed if a. proper inspection had been made, an instruction on the theory of assumed risk, which excluded his recovery if he knew that the car had been inspected in the same manner in which the cars of other roads were inspected, regardless of whether or not such inspection was sufiicient, was properly refused. (lalveston, H. & S. A. R. Co. V..Vass (1900; Tex. Civ. App.) 57 S. W. 910. 'Union Stock-Yards 0'0. v. Goodwin (1898) 57 Neb. 138, 77 N. W. 357 (brakeman here was not under any duty to inspect the defective brake which caused his injury). The court distinguished Arnold v. Delaware cfi H. Canal (/'0. (1890) 125 N. Y. 15, 25 N. E. 1064, on the...


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Product Details
  • ISBN-13: 9781230072524
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 842
  • Spine Width: 42 mm
  • Width: 189 mm
  • ISBN-10: 1230072527
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1474 gr


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