Massachusetts Reports, 219. sējumsH.O. Houghton and Company, 1915 |
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action administrator agreement Allen amended amount appears assignment automobile bank bill Boston Elevated Railway BRALEY by-law caused charge common law Commonwealth Company compensation contends contract corporation count COURCY CROSBY damages death deceased December 30 declaration decree defect defendant defendant's Dwelly employee entitled evidence Exceptions overruled facts fendant filed held Industrial Accident Board insurer interpleader intestate judgment jury land lease letters rogatory liability libellant LORING Mass matter ment mortgage negligence November November 24 October October 24 offer of proof opinion owner paid parties payment personal injuries petition petitioner plain plaintiff plumber pond Present presiding judge Probate Court provisions question Railroad reason recover refused request RUGG rule September 28 SHELDON statute Street Railway submitted on briefs Suffolk Superior Court testator testified testimony tiff tion TORT town track trial trustees warranted in finding Worcester Writ dated
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358. lappuse - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
562. lappuse - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
357. lappuse - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Proridfd.
5. lappuse - In order to be responsible, he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him ; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
520. lappuse - The presumption is that the persons injured were *in the exercise of due care at the time of the injury.
357. lappuse - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
357. lappuse - ... resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, tracks, roadbed, works, boats, wharves or other equipment.
359. lappuse - Columbia or any of the states or territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents, and, if none, then of the next of kin dependent upon such employee...
143. lappuse - ... if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons...
150. lappuse - ... effected directly and independently of all other causes through external, violent and accidental means.