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" If the servant having a right to abandon the service because it is dangerous refrains from doing so in consequence of assurances that the danger shall be removed, the duty to remove the danger is manifest and imperative, and the master is not in the exercise... "
Reports of Cases Argued and Determined in the Supreme Court of Ohio - Σελίδα 154
των Ohio. Supreme Court - 1884
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 158

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, James M. Reasoner, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper - 1910
...gave the command, that the dangers were not such or BO great as the servant had apprehended. * * * Moreover, the assurances remove all ground for the...servant, by continuing the employment, engages to assume its risks. So far as the particular peril is concerned, the implication of law is rebutted by the giving...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 85

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1891
...shall be removed, the master is guilty of negligence in failing to make his assurances good — Such assurances remove all ground for the argument that the servant by continuing the employment assumes its risks. ROWLAND, MOTT v 561 RUMELY & COMPANY v. EMMONS 511 Evidence— Of verbal warranties...

Southern Law Review and Chart of the Southern Law and Collection Union, Τόμος 2

1876
...20 Mich. 105 ; McMahon v. Davidson, 12 Minn. 357 ; Weger v. Pennsylvania RR Co., 55 Penn. St. 460. imperative, and the master is not in the exercise...servant, by continuing the employment engages to assume its risks. So far as the particular peril is concerned the implication of law is rebutted by the giving...

Reports of Cases Decided in the Supreme Court of the State of Utah, Τόμος 5

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890
...exercise of ordinary care unless or until he makes his assurances good. Moreover, the assurance removes all ground for the argument that the servant by continuing the employment engages to assume the risks." See, also, Greene v. Railway Co., supra. In this case the plaintiff called the attention...

The Southern Law Review, Τόμος 2

1876
...Co., 20 Mich. 105 ; McMahon v. Davidson, 12 Minn. 357; Weger v. Pennsylvania RR Co., 55 Penn. St. 460. imperative, and the master is not in the exercise...servant, by continuing the employment engages to assume its risks. So far as the particular peril is concerned the implication of law is rebutted by the giving...

The Pacific Reporter, Τόμος 122

1912
...96. The court also adopts the language of Mr. Cooley in his work on Torts (1st Ed.) 559, as follows: "If the servant, having a right to abandon the service...servant, by continuing the employment, engages to assume its risks." [5] We think that the promise must be held sufficiently definite, and that the question...

The Pacific Reporter, Τόμος 69

1902
...manifest and imperative, and the master is not in the exercise of ordinary care unless or until lie makes his assurances good. Moreover, the assurances...servant, by continuing the employment, engages to assume its risks. So far as the particular peril is concerned, the implication of law is rebutted by the giving...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 46

Isaac Grant Thompson - 1884
...exercise of ordinary care, unless or until he makes his assurance good. Moreover the assurance removes all ground for the argument that the servant, by continuing the employment, engages to assume its risks. So far as the particular peril is concerned, the implication of law is rebutted by the giving...

The Pacific Reporter, Τόμος 135

1914
...and the master is not In the exercise of ordinary care until he makes his assurances good. However, the assurances remove all ground for the argument that the servant by continuing in the employment engages to assume the risks." The latter part of this instruction Is entirely too...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 48

Isaac Grant Thompson - 1885
...the master is not in the exercise of ordinary care unless or until ho makes his Bell v. McOinnese. assurances good. Moreover the assurances remove all...conclusion, that under the circumstances of the case at bar, Morrissey's knowledge of the defective state of the machine which he was using and continued to use...




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