The principle is, that a servant, when he engages to serve a master, undertakes, as between himself and his master, to run all the ordinary risks of the service, and this includes the risk of negligence on the part of a fellow-servant, whenever he is... Columbia Law Review - Page 511903Full view - About this book
| Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1851 - 1054 pages
...cases. The principle is, that a servant, when he engages to serve a master, undertakes, as between him and his master, to run all the ordinary risks of the service, and this includes the risk of negligence on the part of a fellow-servant, whenever he is acting in... | |
| Henry Iltid Nicholl, Thomas Hare, John Monson Carrow, Lionel Oliver, Edward Beavan, Thomas Edward Preston Lefroy - Canals - 1852 - 892 pages
...him. But we do not think there is any real distinction between the two cases. The principle is, that a servant, when he engages to serve a master, undertakes,...master, to run all the ordinary risks of the service, and this includes the risk of negligence on the part of a fellow-servant, whenever he is acting in... | |
| 1855 - 570 pages
...motion, but because the judges have held " that a servant, on his hiring, undertakes, as between him aud his master, to run all the ordinary risks of the service, including the risk of negligence on the part of a fellow -servant," presuming always "that the master has taken reasonable care to preserve... | |
| Conway Robinson - Actions and defenses - 1855 - 884 pages
...England in 1850, Hutchinson v. Railway Co. 5 WH & G. 349. " The principle," says Alderson, R, " is that a servant when he engages to serve a master undertakes, as between him and his master, to run all the ordinary risks of the service, and this includes the risk of negligence... | |
| Law - 1857 - 412 pages
...of indemnity can be implied. As said by Alderson B. in Hutcheson v. RR Co., " the principle is, that a servant when he engages to serve a master, undertakes, as between him and his master, to run all the ordinary risks of the service, and this includes the risk of negligence... | |
| Alexander Ralston Tiffany - Justices of the peace - 1859 - 656 pages
...general, responsible, when he has selected persons of competent care and skill." The principle is that a servant, when he engages to serve a master, undertakes, as between him and his master, to nm all the ordinary risks of the service, and this includes the risk of negligence... | |
| Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...damage in consequence (i). And inasmuch as a servant, when he engages to serve a master, impliedly undertakes as between himself and his master to run...risks of the service (including the risk of negligence on the part of a fellow-servant when lie is acting in the discharge of his duty as servant of him who... | |
| Thomas Tapping - 1861 - 184 pages
...a well scttled principle. The rule being that a servant who engages to serve, undertakes as bctween himself and his master to run all the ordinary risks of the serviee, of whieh risks the negligence of a compctent fellow-labourer is one. Thus, where the plaintiff... | |
| Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1862 - 1056 pages
...judgment of the Court in Hutchinson \. The York, Newcastle and Berwick Railway Company (V), said : " A servant, when he engages to serve a master, undertakes, as between him and his master, to run all the ordinary risks of the service, and this includes the risk of negligence... | |
| Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1862 - 1062 pages
...judgmentof the Court in Hutchinson v. The York, Newcastle and Berwick Railway Company (6), said : " A servant, when he engages to serve a master, undertakes, as between him and his master, to run all the ordinary risks of the service, and this includes the risk of negligence... | |
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