Cases Argued and Decided in the Supreme Court of Mississippi Volume 121

Cases Argued and Decided in the Supreme Court of Mississippi Volume 121

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... emplyees whose duties are remote from the operation of the machinery itself; the performance of which, however, is necessary in order that the mill may be operated. Counsel for appellant, however, argue that the legislature must have intended to include within the act and the protection afforded thereby other employees than those engaged in the operation of machinery, or whose duties brought them in connection with the operation of machinery; and, to support this contention, counsel for appellant say that if the legislature had intended to include only employees operating or working around moving machinery, that it would have used different language. We think, if your Honors please, that the situation is just the reverse. Point II. Even if it be true that the protection afforded by chapter 157 of the Acts of 1.912, apply to appellant, yet the appellee is not liable under the declaration in this case, because the violation of hours or service was not the proximate cause of the injury and the appellant was not in the performance of any duty connected with his employment at the time he was injured. It is the contention of appellant 's counsel that chapter 157 of the Acts of 1912 applies to minors as well as chapter 165. Conceding merely for the sake of argument the correctness of this position, a distinction must be borne in mind which is not observed in appellant's brief in respect to the difference between the violation of a law prohibiting the employment of a person and the violation of a statute fixing the hours of service. The case of Inland Steel Co. v. Yedinalc (Ind.), 139 A. S. R. 391, was of the class of cases dealing with a statute prohibiting the employment of minors at all. In such case, the master becomes an insurer for...
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Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236935640
  • 9781236935649