 | 1911 - 724 σελίδες
...master is not in the exercise of ordinary care unless or until he makes his assurances good, which assurances remove all ground for the argument that...servant by continuing the employment engages to assume its risks. Rou.r r. Blodgett & Davis Lumber Co., 85 Mich., 519. PRELIMINARY INJUNCTION— URGENT NECESSITY... | |
 | 1914 - 746 σελίδες
...expectation that the promise might be kept" — citing Cooley on Torts, 289, wherein it is said that : "1f the servant, having a right to abandon the service...argument that the servant, by continuing the employment, engaged to assume the risk." On page 225 of 100 US (25 L. Ed. 612) the court says : "1f, under all... | |
 | Charles Albert Keigwin - 1915 - 584 σελίδες
...& Redf. Negligence. section 96. * * * "if the servant," says Mr. Cooley, in his work on Torts, 559, "having a right to abandon the service because it...servant by continuing the employment engages to assume tte risks" * * * . We may add, that it was for the jury to say whether the defect in the cow-catcher... | |
 | Francis Hermann Bohlen - 1915 - 858 σελίδες
...and lodging", held sufficient to show a cause of action based on the defendant's negligence. .quence of assurances that the danger shall be removed, the...servant, by continuing the employment, engages to assume the risks." It was the plaintiff's duty to defendant to comply with these assurances, as much as it... | |
 | William Otis Badger - 1919 - 914 σελίδες
...he will do so. This case may also be planted on contract, but it is by no means essential to do so. If the servant having a right to abandon the service...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... | |
 | 1920 - 1092 σελίδες
...to abandon the service because it is dangerous, refrains from doing so in consequence of assurance that the danger shall be removed, the duty to remove...argument that the servant, by continuing the employment, engaged to assume the risk." i The same general doctrine is affirmed in Buehner v. Package Co., 124... | |
 | 1924 - 1216 σελίδες
...and imperative, and the master is not in the exercise of ordinary car« unless or until he makes hie assurances good. Moreover, the assurances remove all...servant by continuing the employment engages to assume the risk." Cooley on Torts, p. 1157. See, also, Marcnm v. Three States Lumber Co., 88 Ark. 34, 113... | |
 | 1892 - 996 σελίδες
...the jury to find that the plaintiff had been assured that the defendant would repair the air-brake. "If the servant, having a right to abandon the service...servant, by continuing the employment, engages to assume its risks." Cooley, Torts, 559. This doctrine is cited with approval in Hough v. Railway Co. , supra,... | |
 | 1880 - 546 σελίδες
...to abandon the service because it is dangerous, refrains from doing so in consequence of as-urances that the danger shall be removed, the duty to remove...servant by continuing the employment engages to assume the risks.'' And such seems to be the rule recognized in the English courts. Holmes v. Worthington,... | |
 | 1887 - 652 σελίδες
...exercise of ordinary care unless or until he makes his assurances good. Moreover, the assurances 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... | |
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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... 
