Statutory Torts in Massachusetts
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Railroad, 151 Mass. 245, 250 (1890).
8 See Felt v. Boston & Maine liailroad, 161 Mass. 311 (1894).
THE LIABILITY OF EMPLOYERS. 137 no new element into the right of an employee to recover compensation from his employer for per- sonal injuries suffered in the course of his employ- ment. The common law doctrine of contributory negligence is thereby expressly retained under the statute, and without modification.
Likewise the common law rule as to the burden of establishing the fact of due care, as ...that rule is interpreted by the Massachusetts court, applies to actions based upon the statute. 1 It rests, there- fore, upon the plaintiff to show, either by positive affirmative testimony or by evidence from which it may legitimately be inferred, that he was at the time of the accident in the exercise of due dili- gence ; and the establishment of this fact is a condition precedent to his recovery. 2 129. Some Principles of the Doctrine of Due Care. It may perhaps be worth the while to note in passing some of the common principles of the law as to due care that have been applied in actions based upon this statute.
What to read after Statutory Torts in Massachusetts?
You can find similar books in the "Read Also" column, or choose other free books by Waterman Lester Williams to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Railroad, 151 Mass. 245, 250 (1890).
8 See Felt v. Boston & Maine liailroad, 161 Mass. 311 (1894).
THE LIABILITY OF EMPLOYERS. 137 no new element into the right of an employee to recover compensation from his employer for per- sonal injuries suffered in the course of his employ- ment. The common law doctrine of contributory negligence is thereby expressly retained under the statute, and without modification.
Likewise the common law rule as to the burden of establishing the fact of due care, as ...that rule is interpreted by the Massachusetts court, applies to actions based upon the statute. 1 It rests, there- fore, upon the plaintiff to show, either by positive affirmative testimony or by evidence from which it may legitimately be inferred, that he was at the time of the accident in the exercise of due dili- gence ; and the establishment of this fact is a condition precedent to his recovery. 2 129. Some Principles of the Doctrine of Due Care. It may perhaps be worth the while to note in passing some of the common principles of the law as to due care that have been applied in actions based upon this statute.
What to read after Statutory Torts in Massachusetts?
You can find similar books in the "Read Also" column, or choose other free books by Waterman Lester Williams to read onlineMoreLess
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