A Treatise Upon the Employers' Liability Act, 1880 (43 & 44 Vict. Cap. 42)Butterworths, 1882 - 131 pages |
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Common terms and phrases
2nd Edition 44 Vict accident Act of Parliament act or omission amount of compensation appeal application for assessors brought C. P. Div cause of action causing the injury claimed cloth common employment common law contract contributory negligence costs County Court Rules Court of Session damages death decision defect or negligence defective rules defendant defendant's disentitle doctrine of common employed engaged in manual Exch expressly fellow-workman foreman gence give notice given guilty of negligence High Court House of Lords infant injury caused injury resulted judge judgment jury Lancashire Lancashire and Yorkshire Liability Act London Lord Campbell's Act manual labour master ment North Eastern Rail Northern Rail ordinary particular instructions party plaintiff ployer Post 8vo question railway servant reasonable recover registrar respect return day sect solicitor special defence stay of proceedings sub-section sued summons thereof Torts whilst words workman injured workman knew Yorkshire Rail
Popular passages
Page 17 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 7 - ... are employed in the conduct of one common enterprise or undertaking, and the safety of each depends much on. the care and skill with which each other shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require.
Page 18 - ... an employee, or his legal representative, shall not be entitled under this article to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer...
Page 35 - By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform and did conform...
Page 18 - Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured, and unless the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident...
Page 20 - ... respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post.
Page 58 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business...
Page 46 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Page 17 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Page 20 - In case of service by mail, the notice or other paper must be deposited in the United States post office, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served...