... the Legal Relations Between the Employed And Their Employers in Pennsylvania, Compared With the Relations Existing Between Them in Other States
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v. Clements, 40 U. S. Ct. of App. 465.
39—10—1900 60 negligence on the part of the company." (17) And the Supreme Court of Wisconsin has said in another case against a railroad: "The company was under obligation to use reasonable means to guard against defects in its cars. It was bound to exercise reasonable diligence in watching its cars, inspecting them, and keeping them in repair. The duty it owned its employes. The danger they in- curred in entering its service was not to be increased by ne...glect or failure to perform this legal duty. And if there was a defect in the braking apparatus of the car in question, which had existed so long or was of such a character that the company, by the exercise of ordinary care could have discovered and repaired it, it is liable for an injury sustained by an employe in consequence of such defect." (18) This rule, however, does not prevail everywhere, and among the states holding a contrary view is Pennsylvania. The following is the reasoning of the court: "If the company employ competent and skilful persons for the purpose of inspection, and afford them reason- able opportunities and facilities for the work under proper instruc- tions, the company will not ordinarily be liable for the negligent per- formance of the work by their employes, to a fellow-employe, unless the company knew, or by ordinary diligence ought to have known of the defective manner in which the inspection was conducted.
What to read after ... the Legal Relations Between the Employed And Their Employers in Pennsylvania, Compared With the Relations Existing Between Them in Other States?
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To quickly assess the difficulty of the text, read a short excerpt:
v. Clements, 40 U. S. Ct. of App. 465.
39—10—1900 60 negligence on the part of the company." (17) And the Supreme Court of Wisconsin has said in another case against a railroad: "The company was under obligation to use reasonable means to guard against defects in its cars. It was bound to exercise reasonable diligence in watching its cars, inspecting them, and keeping them in repair. The duty it owned its employes. The danger they in- curred in entering its service was not to be increased by ne...glect or failure to perform this legal duty. And if there was a defect in the braking apparatus of the car in question, which had existed so long or was of such a character that the company, by the exercise of ordinary care could have discovered and repaired it, it is liable for an injury sustained by an employe in consequence of such defect." (18) This rule, however, does not prevail everywhere, and among the states holding a contrary view is Pennsylvania. The following is the reasoning of the court: "If the company employ competent and skilful persons for the purpose of inspection, and afford them reason- able opportunities and facilities for the work under proper instruc- tions, the company will not ordinarily be liable for the negligent per- formance of the work by their employes, to a fellow-employe, unless the company knew, or by ordinary diligence ought to have known of the defective manner in which the inspection was conducted.
What to read after ... the Legal Relations Between the Employed And Their Employers in Pennsylvania, Compared With the Relations Existing Between Them in Other States?
You can find similar books in the "Read Also" column, or choose other free books by Albert Sidney Bolles to read onlineMoreLess
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