The Employers Liability Acts And the Assumption of Risks in New York Massachus

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The Employers Liability Acts And the Assumption of Risks in New York Massachus
Frank Farnum Dresser
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is Bunker v. Midland Ry. Co. , 47 Law T. (N. S. ) 476, 31 Wkly. Rep. 231; Hooper v. Holme, 12 Times Law R. 537 (general Instruc- tions to post lookouts; plaintiff not obliged to work without them). See Marley v. Osborn, 10 Times Law R. 388 (where the rule was commonly violated); Sweeney v. McGilvray, 24 Scot. Law R. 91 (301) 66 EMPLOYERS' LIABILITY. [Ql. 6 direction within the meaning of the act, 17 unless it takes such form as requires obedience to it. 18 An order may be given by word of mouth
..., by sign, or in any way by which it may be communicated. 19 An order or direction may be implied from circumstances. It is not necessary to give an order to a man to do that which is in the ordinary course of his duty to do every day in the week. Thus, where it was the plaintiff's duty to assist a carman in unloading frames, and, the frames being tied together, the carman untied his end, and the plaintiff, without direction and of his own motion, did the same at his end, and the carman, seeing him, did not object, but drew away one of the frames, thereby causing the injury, it was held that this section applied, and the plaintiff could recover.

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