 | William Paley - 1847 - 732 halaman
...extend to indemnify the servant against the negligence of any one but himself ; and he is not liable in tort, as for the negligence of his servant, because...master therefore from liability for the negligence of a fellow servant, does not depend exclusively upon the consideration, that the servant has better means... | |
 | 1864 - 584 halaman
...injury so caused, because, as is said by Shaw, CJ, in Parwell v. Boston Railroad Corporation, " he does not stand towards him in the relation of a stranger,...rights are regulated by contract express or implied." If the master has, by his own personal negligence or malfeasance, enhanced the risk to which the servant... | |
 | Albert Venn Dicey - 1870 - 582 halaman
...servant by his contract takes upon himself as between him and his master (Z) ; ... he does not stand in the relation of a stranger, but is one whose rights are regulated by contract express." The terms a common employment, or a common service, do not admit of a precise definition (m), and they... | |
 | 1885 - 544 halaman
...extend to indemnify the servant against the negligence of any one but himself ; and be is not liable in tort, as for the negligence of his servant, because the person suffering does not stand toward him in the relation of a stranger, but is one whose rights are regulated by contract, express... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 674 halaman
...extend to indemnify the servant against the negligence of any one but himself; and he is not liable in tort, as for the negligence of his servant, because...stranger, but is one whose rights are regulated by contrac*. express or implied. The exemption of the master, therefore, from Farwell r. liust.ru and... | |
 | Thomas William Saunders - 1871 - 338 halaman
...Farrell v. The Boston Railroad Corporation (4 Metcalf, 49; also printed in 3 Macqueen, HL Cas. 316), 'He does not stand towards him in the relation of a stranger;...but is one whose rights are regulated by contract.' If the master has, by his own personal negligence or malfeasance, enhanced the risk to which the servant... | |
 | Thomas Sergeant, John Cole Lowber, Thomas M'Kean Pettit, George Sharswood, Henry Wharton, Samuel Dickson, James Parsons, William Wynne Wister - 1872 - 556 halaman
...caused, because, as is said by Shaw, CJ, in Farwell v. The Boston and Worcester Railroad Corporation, he "does not stand towards him in the relation of a stranger,...rights are regulated by contract express or implied." If the master has by his own personal negligence or malfeasance enhanced the risk to which the servant... | |
 | Francis Wharton - 1874 - 960 halaman
...he cannot recover against his master for an injury so caused, because, as is said by Shaw, CJ,2 ' He does not stand towards him in the relation of a stranger...but is one whose rights are regulated by contract.' " If the master has, by his own personal negligence or malfeasance, enhanced the risk to which the... | |
 | Melville Madison Bigelow - 1875 - 808 halaman
...extend to indemnify the servant against the negligence of any one but himself ; and he is not liable in tort, as for the negligence of his servant, because...implied. The exemption of the master, therefore, from liahility for the negligence of a fellow-servant, does not depend exclusively upon the consideration... | |
 | 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 - 1899 - 602 halaman
...extend to indemnify the servant against the negligence of any. one but himself, and he is not liable in tort, as for the negligence of his servant, because...are regulated by contract, express or implied. " The great weight of more recent authority is that the right of a servant who has sustained injuries in... | |
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... because the implied contract of the master does not extend to Indemnify the servant against the negligence of any one but himself; and he is not liable in tort, as for the negligence of his servant, because the person suffering does not stand towards... 
