An Analysis Of The Employers Liability Act 1880 43 And 44 Victoria Cap 42 PDF Download

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. 1882 edition. Excerpt: ... CHAPTER V. AS TO CAUSES OF ACTION UNDER THE EMPLOYEES' LIABILITY ACT, 1880. The first matter in respect of which an action is given by the Employers' Liability Act, 1880, is the case of personal injury caused to a workman by reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer (a). If this had stood alone it would have had the effect of making the employer warrant to the workman the safety of the ways, works, machinery, and plant of his business, and would very materially have altered the law. Previous to the Act it was clearly settled that no such warranty existed arising from the relation of the parties. Thus in one case (fe) the plaintiff was employed as an actor, and alleged in his declaration that the duty of the defendant was to cause a floor to be sufficiently lighted, and a hole in such floor to be fenced, guarded, and secured, and that the defendant did not perform that duty, and in consequence the plaintiff fell down the hole and sustained injury. A verdict having been given for the plaintiff, a motion was made to arrest the judgment on the ground that the declaration shewed no such duty to light and fence as was alleged, and it was held that no such duty arose from the relation in which the parties stood to each other. In another case (c) the first count of a declaration alleged (a) Sect. 1, sub-s. 1. (6) Seymour v. Maddox, 16 Q. B. 326; 20 L. J. Q. B. 327. (c) Couch v. Steel, 3 E. & B. 402; 23 L. J. Q. B. 121. that the defendant so negligently fitted out and equipped a vessel, that the same was unseaworthy and in a leaky and dangerous condition, and unfit to be sent or go to sea, in consequence of which damage resulted to the plaintiff. To this...