Employers' Liability for Personal Injuries to Their Employees

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For instance, a person may become liable by the same act (which is the cause of action) in tort for an assault, and in contract for a breach of a bond given the plaintiff to keep the peace. Again, a com- mon carrier may be liable in tort for the conversion of merchandise entrusted to him for safe delivery, and in con- tract for breach of a special promise to deliver it to the per- son to whom it is directed. The person injured may be obliged to elect whether he will proceed in tort or in con- t...ract, but he neveithelesshas both remedies. The dilemma, then, contained in the major premise of Judge Shaw, is what in logic is called a false dilemma. A servant who is injured by the negligence of a fel'Pow-servant has likewise, say the advocates of a change of the law, two remedies, — one in tort, under the principle called respondeat superior, and one in contract, under an implied contract of indemnity ; though, before trying his action, he may be obliged to elect which remedy he Avill pursue.

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