Oklahoma Reports Volume 42

Oklahoma Reports Volume 42

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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. 1914 edition. Excerpt: ... in error, its servant: First, in negligently starting the train which caused him to fall and receive the injuries complained of; and, second, that the place furnished him in which to work was unsafe, in this, that the timbers on which he was standing while performing his work were negligently and carelessly loaded. It thus appears that the real question presented in the case is, Did the master fail in one or both of these duties which, under the law, it owed its servant? and was such breach of duty the proximate cause of the injury received by the servant? and did the servant's negligence contribute to the injury? The determination of these questions does not call for extended argument or numerous citation of authorities. The court, in his instruction to the jury, practically limited the issues to the last act of negligence charged, namely, whether or not the timbers were so carelessly placed in the car as to make it an unsafe place for the servant to work, and whether or not such act was the proximate cause of the injury to the servant, and also whether or not the servant assumed the risk of such an accident, and also whether or not he was guilty of contributory negligence. The questions presented were for the jury under proper instructions as to thf law by the court. The rule of law as to whether or not the negligence charged was actionable was announced by this court in C., R. I. & P. Ry. Co. v. Wright, 39 Okla. 88, 134 Pac. 428, as follows: "The master is bound to provide his servants with a reason ably safe place in which to work, with reasonably safe machinery, tools, and appliances with which to work, with reasonably safe material upon which to work, and suitable and competent fellow servants. When the master has so...show more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236740319
  • 9781236740311