Returns on Appeal Book by Anonymous at Bookstore - Bookswagon
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Returns on Appeal

Returns on Appeal


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About the Book

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. 1914 edition. Excerpt: ...to the rank of the employee performing it. Crispin vs. Babbitt, 81 N. Y. 516. Loughlin vs. State, 105 N. Y. 159. Flike vs. Boston & Albany R. R. Co., 53 N. Y. 549. Hvssey vs. Coger, 112 N. Y. 614. Slater vs. Jewett, 85 N. Y. 62. Fuller vs. Jewett, 80 N. Y. 46. In the last case cited, Andrews, J., says at page 52: "We understand the principles of these cases to be, that acts which the master, as such, is bound to perform for the safety and protection of his employees, cannot be delegated so as to exonerate the former from liability to a servant, who is injured by the omission to perform the act or duty, or by its negligent performance, whether the nonfeasance or mis-feasance is that of a superior officer, agent, or servant, of a sub-ordinate or inferior agent or servant, to whom the doing of the act or the performance of the duty has been committed. In either case in respect to such act or duty, the servant who undertakes, or omits to perform it, is the representative of the master, and not a mere co-servant with the one who sustains the injury. The act or omission is the act or omission of the master irrespective of the grade of the servant whose negligence caused the injury, or of the fact whether it was or was not practicable for the master to act personally, or whether he did or did not do all that he personally could do by selecting competent servants, or otherwise to secure the safety of his employees." In the Flike case supra, Church, J., says, at page 553: "The true rule I apprehend, is to hold the corporation liable for negligence or want of proper care in respect to such acts and duties as it is required to perform and discharge as master or principal, without regard to the rank or title of the agent entrusted...


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Product Details
  • ISBN-13: 9781236999092
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 276
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1236999096
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 499 gr


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