Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) pdf
Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) pdf
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Author: Iowa Supreme Court
Page Count: 556 pages
Published Date: 17 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781235495618
File Name: Reports.of.Cases.at.Law.and.in.Equity.Determined.by.the.Supreme.Court.of.the.State.of.Iowa.(Volume.191).pdf
Download Link: Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191)
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This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1922. Not illustrated. Excerpt: ... erroneous, proceeds, is that it is inconsistent with Instruction 3, and presents a wholly different theory of the law from that set forth therein. But, waiving our holding in Delmonica Hotel Co. v. Smith, supra, for the present, and conceding, by way of argument, --without, however, expressing an opinion thereon, --that the facts of this case do not bring it within the terms and provisions of Section 4999-a2, should the refusal of the court to give the requested Instruction No. 6 be held ground for reversal? The duty of the defendant to appropriately guard dangerous machinery does not rest alone upon the provisions of the so-called "factory act," which is limited in its scope and purpose. After reaching the conclusion announced in our former opinion, we said: "We come to this conclusion the more readily from the fact that the next section of the statute, Code Supplement, 4999-a3, together with the appropriate principles of the common law of negligence, seems to afford him plaintiff ample remedy, if his injury is attributable to the negligence of the defendant." Manifestly, Instruction No. 5 was based upon the provisions of Section 4999-a3. The petition was not assailed by motion or demurrer, and the allegations thereof, in the absence of attack, were sufficient to charge the defendant with negligence in failing to furnish plaintiff safe machinery with which to work, together with a safe place to work, and that he was negligent in causing said corn shelter to be operated without guarding dangerous parts thereof. The requested instruction is not in conflict with any affirmative statement of the law, as set forth in the charge of the court. The instructions given are as consistent with the provisions of Section 4999-a3 as with the provisions of the socalled ' f...
Read online Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) Buy Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) Download Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191)
Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) by Iowa Supreme Court
Author: Iowa Supreme Court
Page Count: 556 pages
Published Date: 17 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781235495618
File Name: Reports.of.Cases.at.Law.and.in.Equity.Determined.by.the.Supreme.Court.of.the.State.of.Iowa.(Volume.191).pdf
Download Link: Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191)
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This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1922. Not illustrated. Excerpt: ... erroneous, proceeds, is that it is inconsistent with Instruction 3, and presents a wholly different theory of the law from that set forth therein. But, waiving our holding in Delmonica Hotel Co. v. Smith, supra, for the present, and conceding, by way of argument, --without, however, expressing an opinion thereon, --that the facts of this case do not bring it within the terms and provisions of Section 4999-a2, should the refusal of the court to give the requested Instruction No. 6 be held ground for reversal? The duty of the defendant to appropriately guard dangerous machinery does not rest alone upon the provisions of the so-called "factory act," which is limited in its scope and purpose. After reaching the conclusion announced in our former opinion, we said: "We come to this conclusion the more readily from the fact that the next section of the statute, Code Supplement, 4999-a3, together with the appropriate principles of the common law of negligence, seems to afford him plaintiff ample remedy, if his injury is attributable to the negligence of the defendant." Manifestly, Instruction No. 5 was based upon the provisions of Section 4999-a3. The petition was not assailed by motion or demurrer, and the allegations thereof, in the absence of attack, were sufficient to charge the defendant with negligence in failing to furnish plaintiff safe machinery with which to work, together with a safe place to work, and that he was negligent in causing said corn shelter to be operated without guarding dangerous parts thereof. The requested instruction is not in conflict with any affirmative statement of the law, as set forth in the charge of the court. The instructions given are as consistent with the provisions of Section 4999-a3 as with the provisions of the socalled ' f...
Read online Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) Buy Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) Download Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa (Volume 191)