The Law of Employers' Liability And Workmen's Compensation
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Lindsay, [1891] A. C. 371 ; Cameron v. Nystrom, [1893] A. 0. 308. Post, 42.
(d) Smith V. Baker, [1891] A. 0. 325 at 336, and 355.
(e) Charles v. Taylor, 3 C. P. D. 492 at 496.
14 Preliminary Chap. I. common employment, (a) On the other hand, mere con- tiguity, if unusual or accidental, would not be consistent with common employment." (6) Test. The question comes to this : Did the one servant know or have reason for knowing that the employment of the other servant was incidental to his own emplo...y- ment ? (c) Fellow-servant. Fellow-scrvailts are all those who are engaged in a common employment under the same employer, who either themselves come into contact during the progress of the work, or whose work is so performed as to subject to risk others engaged in the same employment and under the same employer, even though the work from which the risk arises is done in some other place thart that in which the risk is encountered, or before the person so affected by it was engaged in the service, {d) (a) But query whether this last illustration is correct unless the cir- cumstances of the employment are such that " the risk of injury from the negligence of one is so much a natural and necessary consequence of the employment which the other accepts that it must be included«in the risks which are to be considered in his wages"; per Blackburn, J., cited by Erie, C.J., Morgan v.
What to read after The Law of Employers' Liability And Workmen's Compensation?
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To quickly assess the difficulty of the text, read a short excerpt:
Lindsay, [1891] A. C. 371 ; Cameron v. Nystrom, [1893] A. 0. 308. Post, 42.
(d) Smith V. Baker, [1891] A. 0. 325 at 336, and 355.
(e) Charles v. Taylor, 3 C. P. D. 492 at 496.
14 Preliminary Chap. I. common employment, (a) On the other hand, mere con- tiguity, if unusual or accidental, would not be consistent with common employment." (6) Test. The question comes to this : Did the one servant know or have reason for knowing that the employment of the other servant was incidental to his own emplo...y- ment ? (c) Fellow-servant. Fellow-scrvailts are all those who are engaged in a common employment under the same employer, who either themselves come into contact during the progress of the work, or whose work is so performed as to subject to risk others engaged in the same employment and under the same employer, even though the work from which the risk arises is done in some other place thart that in which the risk is encountered, or before the person so affected by it was engaged in the service, {d) (a) But query whether this last illustration is correct unless the cir- cumstances of the employment are such that " the risk of injury from the negligence of one is so much a natural and necessary consequence of the employment which the other accepts that it must be included«in the risks which are to be considered in his wages"; per Blackburn, J., cited by Erie, C.J., Morgan v.
What to read after The Law of Employers' Liability And Workmen's Compensation?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain to read onlineMoreLess
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