The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1880-01-24 00:00:00

MR. LOWE, M.P , ON EMPLOYERS'

LIABILITIES.

Dr. Bordman, the President of the "Association to
Promote a Bill to amend the Laws relating to the
Liability of Employers for Injnries negligently caused
to Persons in their Employment," recently forwarded
to the Right. Hon. Robert Lowe, M.P., a copy of the
proposed Bill, together with the following resolution,
which was passed at a conference of trades dele-
gates :

...
"The conference desires to urge upon the manage.
ment of all trade and friendly societies the imperative
necessity of a combined effort being made so that the
Bill becomes a test question for all candidates for
Parliamentary honours at the next general election, in
order that it may pass into statute law."
The following reply was received from the r ght hon.
gentleman :
" Sherbroo Caterham, Jan. 15.

"Sir,—l beg to offer you two suggestions, As your
Bill is drawn, if a workman, in aofian.o Ls! uruers,
takes the gauge off his lamp and thus injures or kills
another man, it makes the master liable for the injury.
You will never carry such a provision, nor, in my
opinion, is it just that you should. I refer you to the
report which I submitted to a Committee of the Houee
of Commons, and which was rejected by the masters
on the committee as being too favourable to you.
Next I would suggest to you to have no test questions.
People who submit to them are just the persons whom
you, if you are wise, will avoid.—l remain, sir, your
obedient servant, ROBERT LOWE,
" P.S.—I would advise you to strictly apply your
motto, ' Qucfacit per alium, facit per se ; ' but if you
do so it is fatal to your Bill as drawn. You cannot
maintain the two propositions, ' Qui tacit per alium,
facie per se,' and 'the master is liable for the negli-
gence of his servant.' The true rule is, I think, that
the master is liable for those to whom he delegates his
authority."

The following is the text of the proposed " Bill to extend
and regulate the liability of employers to make com-
pensation for personal injuries suffered by persons in their
service :"

'l. Where after the passing of this Act personal
injury, whether resulting in death or not, is caused to
a workman by reason of—(a) Any defect in the
works, machinery, plant, or stock used for
his employer's business; or (b) The wrongful act,
neglect, or defanit of any person of any superior
grade in the service of the employer, whether in the
same department of service with the workman injured
or in any other department; or (c) The wrongful act,
neglect, or default of any person in the service of
the employer, being a person to whose orders or
directions the workman injured was bound to con.
form; or (d) The wrongful act, neglect, or de-
fault of any person in the service of the em-
ployer, done or committed in obedience to the
employer's rules or bye laws, or in obedience to instruc-
tions given by any person to whom the authority of
the employer in that behalf was delegated; the work-
man injured and, in the event of his death, his exe-
cutor or administrator on behalf of his family, shall
have the same right of compensation and remedies
against his employer as if the workman injured had
not been a workman of, nor in the service of, the
employer, nor engaged in his work. Provided that
this section shall not apply where the workman Injured
materially contributed by his own negligence of the
cause of his injury.
2. Every action by a workman or his executor or
administrator for recovery of compensation under this
Act in which a sum not exceeding £2OO is claimed, shall
be brought in a county court and not elsewhere. Upon
the trial of any such action in a county court, one or
more assessors may be appointed for the purpose of as-
certaining the amount of the compensation. For the
purpose of regulating the conditions and mode of ap-
pointment and remuneration of such assessors, and all
matters of procedure relating to their duties, rules may
be made, varied, and repealed from time to time in
th'e same manner as rules for regulating the practice
and procedure in other actions in county courts.
3. 'County court' shall mean, with respect to Scot-
land, the Sheriff's Court, and with respect to Ireland,
the Civil Bill Court.

..
4. This Act may be cited as the Workman's Com-
pensation Act, 1880."