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· 11/15/1901

Daly v. Kiel

Citations

  • 106 La. 170

Syllabus

<p>Syllabus.</p> <p>1. One cannot be understood as contracting to take upon himself risks which are not apparent, and of which he has not been informed or warned against at the time of his employment.</p> <p>2. The warning required to be given is an unequivocal' one. It should not be left to inference. The situation should be explained, the danger pointed out, and the employee cautioned to be on his guard.</p> <p>3. When this is not done, and the danger develops, becomes real and actual and the servant is injured, the master is answerable in damages.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining the courts of appeals for Second, Fourth, and Ninth Circuits have held Section 1692g does not require a dispute to be in writing

Source: CourtListener parenthetical corpus (CC0).

Judges: Blanchard

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