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" The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which he reasonably apprehends injury to himself; and in most of the cases in which danger may be incurred, if not in all, he is... "
A Treatise on the Law of Master and Servant: Including Therein Masters and ... - Page 134
by Charles Manley Smith - 1860 - 560 pages
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Reports of Cases Argued and Determined in the Court of Exchequer: With a ...

Francis Stack Murphy, Edwin Tyrrell Hurlstone, Great Britain. Court of Exchequer - Law reports, digests, etc - 1838 - 416 pages
...employment, to the best of his judgment, information, and belief. The servant is not bound to risk his safety in the service of his master, and may,...especially, which is described in the declaration in this case, the plaintiff must have known, as well as his master, and probably better, whether the van was...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...employment, to the best of his judgment, information, and belief. The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which be reasonably apprehends injury tp himself: and in most of the cases in which danger may be incurred,...
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A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu

Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...perform work and services not fairly coming within the scope of his employment. " He is not bound to risk his safety in the service of his master, and may,...which he reasonably apprehends injury to himself.' (») A servant who undertakes an office of skill impliedly represents himself to be possessed of the...
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A Treatise on the Law of Contracts and Rights and Liabilities ..., Volumes 1-2

Charles Greenstreet Addison - Contracts - 1849 - 686 pages
...perform work and services not fairly coming within the scope of his employment. " He is not bound to risk his safety in the service of his master, and may,...service in which he reasonably apprehends injury to himself."(.v) A sen-ant who undertakes an office of skill impliedly represents himself to be possessed...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 6

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1850 - 712 pages
...principle." And again — -^ " In most cases in which danger may be incurred, if not in all, the servant is just as likely to be acquainted with the probability and extent of it, as his master. In fact, to allow this sort of action to prevail, would be an encouragement to the servant...
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A Treatise on the Law of Contracts, Volume 2

William Wetmore Story - Contracts - 1856 - 848 pages
...command must be just and reasonable, and within the fair scope of his employment. He is not bound to risk his safety in the service of his master, and may, if he think fit, deeline any service in which he reasonably apprehends injury to himself. 1 But mere inconvenience...
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The Irish Jurist, Volume 16

Law - 1864 - 572 pages
...even in that case the action was not maintainable. And Lord Abinger observed, in giving judgment, that "in most of the cases in which danger may be incurred, if not in all, tbe servant is as likely to be acquainted with the probability and extent of the danger as the master."...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 11

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 566 pages
...employment, to the best of his judgment, information, and belief. The servant is not bound to risk his safety in the service of his master, and may,...may be incurred, if not in all, he is just as likely fc> *4341 ^e ac4uainted *with the probability and extent of it as the -1 master. In that sort of employment,...
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The Irish Jurist, Volume 18

Law - 1866 - 606 pages
...Lord Abinger, after laying down the general propositions, which are, no doubt, correct, says:— " In that sort of employment especially, which is described in the declaration in this case, the plaintiff must have known as well as his master, and probably better, whether the van was...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25

Law - 1882 - 624 pages
...however assumes the risk naturally and reasonably incident to his employment. He is not bound to risk his safety in the service of his master, and may,...which he reasonably apprehends injury to himself. Hayden v. Smithville Manuf. Co., 29 Conn. 648; Whart. onNeg.. § 217. Inasmuch as the relation of master...
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