A Treatise on the Federal Employers' Liability and Safety Appliance Acts: With Similar State Statutes and Federal Statutes on Hours of Labor

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W.H. Anderson Company, 1912 - 755 páginas
 

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SECTION PA 17 Effect of Act of 1908 on state legislation continued
17
Result of decisions
18
Must interstate employee bring his action on the statute?
19
Constitutionality of Wisconsin and Nebraska statutes
23
APPENDIX
24
Act of 1906 validity in District of Columbia and territories 21 Construction of statute
37
Report of House Judicial Committee on Federal Employers Liabil
38
CHAPTER III
39
Interurban and street railway common carriers
43
Contributory negligenceStatute
44
While engaging in interstate commerce between the states 26 Illustrations on interstate commerce transactions
47
CHAPTER IV
50
Statute includes everybody Congress could include same per sons in different capacities track repairer telegraph operator
59
Car repairer in switching yard 32 Laying additional track on bridge injury by interstate train
61
Loading railroad iron rails burden
63
While railroad was engaging in interstate commerce 35 When an employee enters on his work or is entitled to the protection of the statute
67
When employee enters on interstate work
70
Injured servant employed in both interstate and intrastate commerce
73
Employees covered by statute
75
Relation between the employment and the accident
77
Who must inflict injury to render railway company liable 41 Interstate employee injured by negligence of interstate em ployee
80
The Nebraska statute
83
Validity of statute allowing a recovery for an injury occa sioned by an intrastate employee
84
43a Interstate engineer of interstate railroad hauling intrastate trainGoing to work
92
Comparative negligence
93
APPENDIX C
97
50
106
No action at common law 16
164
Constitutionality of statute allowing recovery for beneficiaries 16
165
Deceased without right to recover 16
166
Survival of injured employees cause of action 16
167
Beneficiaries on death of injured employee 16
168
No husband or widow surviving 16
169
Next of kin defendant upon employee 16
170
133
173
139
181
CHAPTER VII
190
164
202
166
210
167
222
State statutes requiring notice of injury to be given before bringing action
226
PART II
227
CHAPTER IX
229
Resolutions of American Railway Association 148 Object of statuteConstruction
232
Hauling or using car not loaded with interstate traffic in interstate train
251
Intrastate car on interstate railroad
252
Transportation of articles of interstate commerce for an inde pendent express company
256
Distance defective car hauled
258
Switching
259
Belt railroadTerminal road
260
Car on spur track
261
Used in moving interstate trafficSending car to repair shopMaking up train
262
Hauling car not essential to commission of offenseUse of
263
ATUTE
280
234
288
185
294
251
300
Safety Appliance Acts 4
304
CHAPTER XII
306
Use of diligence to discover defectsWant of knowledge of defect
308
Duty to maintain car in repair is an absolute
310
PresumptionDiligence to discover defects and make repairs in transit
313
Distinction between an action to recover a penalty and to recover damages 205 Cars in transitConstruction of statute
322
Hauling car to nearest repairing point
328
Distinction of car nearer than repair shop
331
Repairing cars in transit
332
Repairs during journey 210 Establishing repair shops and material 211 Knowledge of defect not an element of the offense
335
Failure to provide or repair defective handhold
337
Use of shimsCommonlaw duty of master not applicable Fellow servants neglectConstruction of statuteHand grips
339
Repairing couplersOther act of negligence aiding negligence with reference to couplers
341
Failure to equip train with brakes
342
CHAPTER XIII
346
Who may bring action to recover damagesWhat employees are engaged in interstate commerce
347
Proximate cause of injury
348
Assumption of risk
350
Contributory negligence of plaintiff
355
Contributory negligence does not defeat the action
362
Two acts of negligence combining to produce injury
363
State courts may enforce liability for negligence incurred under statute
364
Removal of case to federal court
365
Judicial notice 227 Pleading
366
Validity of section concerning releases from liability
368
332
378
350
392
APPENDIX
520
APPENDIX
711
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Outras edições - Ver todos

A Treatise on the Federal Employers' Liability and Safety Appliance Acts
William Wheeler Thornton
Visualização completa - 1909
A Treatise on the Federal Employers' Liability and Safety Appliance Acts
William Wheeler Thornton
Visualização completa - 1909
A Treatise on the Federal Employers Liability and Safety Appliance Acts
W. W. Thornton
Prévia não disponível - 2019
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Termos e frases comuns

affirming Appendix G applied Atchison Baltimore caboose cause of action Chicago common carrier common law comparative negligence Constitution contributory negligence deceased defective defendant defendant's doctrine duty employed employment enacted engaged in interstate engine equipped exercise fellow servant freight gaged in interstate gence Georgia guilty hauled held Illinois Central injury inter interstate commerce interstate employee interstate traffic interstate train intrastate Iowa Johnson jury Kansas legislation Lehigh Valley liability Louis Louisville master and servant merce Minn Missouri N. Y. Supp operation Orange Court House ordinary person Pittsburg plaintiff ploye ployees power of Congress provisions question rail railroad company railway company reason recover damages recovery regulate repair reversing road rule S. E. Rep Safety Appliance Act Southern Pacific Southern Pacific Co stat statute Supreme Court switch tion track transportation United valid Wabash Zikos

Informações bibliográficas

TítuloA Treatise on the Federal Employers' Liability and Safety Appliance Acts: With Similar State Statutes and Federal Statutes on Hours of Labor
Making of modern law
AutorWilliam Wheeler Thornton
Edição2
EditoraW.H. Anderson Company, 1912
Original deHarvard University
Digitalizado9 maio 2008
Num. págs.755 páginas
  
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