Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 110

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 110

By (author) 

List price: US$22.39

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1922 edition. Excerpt: ... expressing such consent." (p. 749.) "The workman must consent to arbitration, or go without compensation. If the employer consent, arbitration is compulsory upon the workman. If the employer withhold consent to arbitration, the workman must nevertheless have consented, or he, too, is at fault, and is denied remedy by action." (r. 750.).. In Roper v. Hammer, 106 Kan. 374, 187 Pac. 858, it was held that---' If a workman has made fair effort to secure consent of his employer to arbitration, expressed in writing, and the writing is not executed, the cmployer may be regarded as having refused to consent." (Syl. 112.) It was said: 'In some regrettable instances the employer, or the insurance carrier who takes charge of his case, plays the part of the dog in the manger. While consent to arbitration is not definitely refused, it is not definitely given, by promptly signing an agreement, as the statute requires, and the matter is kept hanging in the air. After a workman has made fair effort to secure consent expressed in writing, and the writing is not executed, the employer may be regarded as having refused to consent." (p. 376. See, also, Stefan v. Elevator 00., 106 Kan. 369, 187 Pac. 861.) In Southern v. Cement C0., 108 Kan. 213, 194 Pac. 637, it was held that the writing of a letter by a workman that he wishes to negotiate for a settlement, and if an agreement cannot be reached he desires an arbitration, and requests that the matter be taken up with the employer's attorney, amounts on his part to a consent to arbitrate, "and a failure of the employer, for over two months to respond to it may be regarded as such a refusal to consent thereto as to authorize the bringing of an action by the workman...show more

Product details

  • Paperback | 446 pages
  • 189 x 246 x 23mm | 789g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236980476
  • 9781236980472