Civilization: An Appreciation of the Victories of Scholarship, Science and Art, Том 7I. Squire, 1917 |
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Сторінка 128 - In passing upon this question, an humanitarian emotion ought not to take the place of sound judgment in the weighing of evidence. The direct connection between the personal injury as a result and the employment as its proximate cause must be proved by facts before the right to compensation springs into being. A high degree of discrimination must be exercised to determine whether the real cause of an injury is disease or the hazard of the employment. A disease, which under any rational work is likely...
Сторінка 126 - ... heart, hence either there can be no award of compensation, or it should be restricted to that part of the injury which resulted directly from the work, and the part of the injury which flowed from the previous condition should be excluded. Even though the premise be sound, the conclusion does not follow. The act makes no provision for any such analysis or apportionment. It protects the 'employe.' That word is denned in part 5, § 2, as including 'every person in the service of another under any...
Сторінка 127 - It [the act] does not afford compensation for injuries or misfortunes, which merely are contemporaneous or coincident with the employment, or collateral to It. Not every diseased person suffering a misfortune while at work for a subscriber is entitled to compensation. * * * The personal injury must be the result of the employment and flow from it as the inducing proximate cause. * » « The direct connection between the personal injury as a result and the employment as its proximate cause must be...
Сторінка 127 - The act is not a substitute for disability or old age pensions. It cannot be strained to include that kind of relief. Its ultimate purpose simply is to treat the cost of personal injuries incidental to the employment as a part of the cost of the business.
Сторінка 147 - That a punishment may not be an act of violence, of one, or of many against a private member of society, it should be public, immediate and necessary; the least possible in the case given; proportioned to the crime, and determined by the laws.
Сторінка 127 - But the essential connecting link of direct causal connection between the personal injury and the employment must be established before the act becomes operative. The personal injury must be the result of the employment and flow from it as the inducing proximate cause. The rational mind must be able to trace the resultant personal injury to a proximate cause set in motion by the employment and not by some other agency, or there can be no recovery.
Сторінка 126 - Yet it is the hazard of the employment acting upon the particular employee in his condition of health and not what the hazard would be if acting upon a healthy employee or upon the average employee. The act makes no distinction between wise or foolish, skilled or inexperienced, healthy or diseased employees. All who are rightly describable as employees come within the act.
Сторінка 100 - ALL history," said the lamented master Maitland, in a memorable epigram, " is but a seamless web ; and he who endeavors to tell but a piece of it must feel that his first sentence tears the fabric." This seamless web of our own legal history unites us inseparably to the history of Western and Southern Europe. Our main interest must naturally center on deciphering the pattern which lies directly before us, — that of the Anglo-American law. But in tracing the warp and woof of its structure we arc...
Сторінка 180 - ... working for one man or for a single corporation. It is an industrial condition that naturally followed the organization of great capital into syndicates and trusts. With an industrial army of thousands of employes, it became necessary for the best administration and efficiency that they be grouped into subdivisions, in charge of responsible leaders, in order that this working machine should respond to the directing control of the commander-in-chief. In other words, the day has passed when the...
Сторінка 162 - From the general trend of the results tabulated above, our interim conclusion is that, relatively to its origin in the constitution of the malefactor, and especially in his mentally defective constitution, crime...