Special Bulletins - State of New York, Department of Labor Volume 4-7

Special Bulletins - State of New York, Department of Labor Volume 4-7

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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. 1901 edition. Excerpt: ...is a pretty deep hole; somebody will get hurt there," to which Eagan replied: " No; I will stand right here and watch," and it was but a few moments later that the accident occurred. " In a suit brought by Schott in the Municipal Court of Syracuse, a verdict was returned for the defendant, but the Onondaga County Court reversed this judgment, whereupon appeal was taken to the Appellate Division of the Supreme Court in the fourth department, which in the March term again reversed the judgment, deciding unanimously against Schott. The question for the Court was whether the circumstances made the case an exception to the rule that the master is not liable for the negligence of the fellow servants of an injured employee. It was admitted that the direct cause here was such negligence, but it was claimed that Eagan had undertaken to perform a duty which devolved upon the master and that his omission of such duty was negligence for which the master was liable. There was no claim that the open trench was inherently a dangerous place to work; hence, the Court held, the defendant had obviously fulfilled the rule requiring him to furnish a reasonably safe place and safe appliances for work. As to the efiect of Eagan's promise to protect the workman, that in no way touched the obligation of the master, as it concerned a mere detail in the execution of the work and for this the master is in no way bound to insure pro tection. (Schott vs. Onondaga County Savings Bank, 49 App. Div. p. 503.) NEGLIGENCE or INCOMPETENT FELLOW SERV.-NT.----Il'l the case of Lambrecht vs Pfizer the Appellate Division of the Supreme Court in the second department in its March term rendered a decision bearing upon the question of what is necessary...
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Product details

  • Paperback | 134 pages
  • 189 x 246 x 7mm | 254g
  • United States
  • English
  • Illustrations, black and white
  • 123673937X
  • 9781236739377