Workmen's Compensation Cases Volume 1

Workmen's Compensation Cases Volume 1

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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. 1908 edition. Excerpt: ...the employment: Smith v. Lancashire and Yorkshire Railway Company (ante, p. 1); and that the evidence showed that the ordinary course of duty of the deceased would not have taken him near the shaft, and that no evidence showed what induced him to go near the shaft; that it might have been some object of his own, or it might have been his intention to go out of the small door, which he was forbidden to do, and which his employment in no way necessitated. It was true that it might have been something connected with the engine which his duty required him to perform, in which case the accident would have arisen out of the employment; but in his opinion it was left absolutely uncertain whether it did or did not arise out of the employment, the balance of probabilities being rather that it did not; and as the burden of proof was on the appellant, he held that she had failed to prove that the accident arose out of the employment, and he therefore gave judgment for the respondents. The appellant appealed. By section 1, subsection 1, of the Workmen's Compensation Act, 1897, "if in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman," his employer shall be liable to pay compensation. By subsection 2 (0), "if it is proved that the injury to a workman is attributable to the serious and wilful misconduct of that workman, any claim to compensation in respect of that injury shall be disallowed." By section 7, subsection 1, " This Act shall apply only to employment... on or in or about a railway, factory...." By subsection 2, " ' factory' has the same meaning as in the Factory and Workshop Acts, 1878 to...
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Product details

  • Paperback | 54 pages
  • 189 x 246 x 3mm | 113g
  • United States
  • English
  • black & white illustrations
  • 1236752511
  • 9781236752512