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" When our constitutions were adopted it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another. "
Reports of Cases Argued and Determined in the Supreme Court of Ohio - Page 396
by Ohio. Supreme Court - 1912
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 174

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1913 - 804 pages
...Ann. Gas. 1912B, 156), and quotes the language of Mr. Justice Werner, beginning with the words : " When our Constitutions were adopted, it was the law...liable in damages for injuries sustained by another." In that case the constitutional limitations upon the police power are discussed at great length. The...
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Harvard Law Review, Volume 25

1912 - 790 pages
...liberty, or property, without due process of law." The decision was placed squarely upon the ground that " When our Constitutions were adopted it was the law...liable in damages for injuries sustained by another." 8 This is in absolute conflict with the line of reasoning developed in the present article. However,...
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Transactions, Volume 17

Maryland State Bar Association - 1912 - 372 pages
...is, because, to state, in the court's own language, the proposition upon which its view is rested: "When our Constitutions were adopted it was the law...liable in damages for injuries sustained by another." It is entirely true that due process of law means in accordance with the law of the land at the time...
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Bulletin of the United States Bureau of Labor Statistics

1913 - 1314 pages
...law invalid, as imposing the ordinary risks of a business (which under the common law the employee was held to assume) on the employer. The court states...was not of universal application. At common law one mav sustain such relation to the inception of an undertaking that he will be held liable for negligence...
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Bulletin of the Department of Labor, Issue 22, Parts 92-94

1911 - 1202 pages
...of every citizen is to hold and enjoy his property until it is taken from him by due process of law. When our constitutions were adopted it was the law...liable in damages for injuries sustained by another. That is still the law, except as to the employers enumerated in the new statute, and as to them it...
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Attitude of American Courts in Labor Cases: A Study in Social ..., Volume 42

George Gorham Groat - 1911 - 432 pages
...moulded into statutes without infringing upon the letter or spirit of our written constitutions. . . . When our Constitutions were adopted it was the law...liable in damages for injuries sustained by another. ... It is conceded that [the liability in the new law] is a liability unknown to the common law and...
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The Journal of Political Economy, Volume 19

1911 - 952 pages
...that the method adopted by the act is arbitrary or unreasonable. The gist of the objection is that — When our constitutions were adopted it was the law...liable in damages for injuries sustained by another, and the reversal of this rule by the Compensation Act is so revolutionary a change as not to afford...
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Harvard Law Review, Volume 24

1911 - 728 pages
...clause. The basis of the decision of the New York Court of Appeals is found in the following statement: "When our Constitutions were adopted it was the law...liable in damages for injuries sustained by another." 8 The examples of absolute liability above are quite inconsistent with this. The court dismisses the...
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Lawyers' Reports Annotated, Book 34

1911 - 1332 pages
...are directed principally against the assumption found in the statement made in the opinion therein: "When our Constitutions were adopted, it was the law...liable in damages for injuries sustained by another." To this it is objected that at common law, in many instances, a voluntary connection with the agency...
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The South Atlantic Quarterly, Volume 10

John Spencer Bassett, Edwin Mims, William Henry Glasson, William Preston Few, William Kenneth Boyd, William Hane Wannamaker - 1911 - 426 pages
...ancient and fundamental principles which were in existence when our Constitutions were adopted." Further, "When our Constitutions were adopted, it was the law...liable in damages for injuries sustained by another." The recent New York statute was therefore declarerl unconstitutional, for it created a liability which...
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