The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-08-15
Sunday, Aug. Is. 1880.
EMPLOYERS LIABILITY ACT.

The question Of the liability OF en-
pioysrs 10 the men injured 10 their
SERVES has, We believe, never been 50
thoroughly settled Is to become gen.
orally understood by the public at large.
Except in the case Of railroad com.
psnies. where, By general consent as
well a. by legal statute. it is well uu-
derstood that injuries sustained by
travellers are the subject Of compensa-
tory damsges, We have no recollection
OF any we'll defined decision by tbs
courts Of the country - TO the liability
Of other than common carriers % such.
Tue case reported by Us last week. Of
the widow OF conductor sgsin.t the
Southern Pacific Railroad. in which
$4,000 damages were given her for the
loss OF her husband, 10 the only one Of
which We have present knowledge
wherein common carrier was male
liable to ito servants for injuries sus-
tanned in the performance of their
duties. An cot has recently been sp-
proved In . committee aud has been,
or will be, passed by the British Par
iismsht. Of which the following are the
main provisions:
/. Where. after the passing Of this
act personal injury IL caused TO . WORK
man. BY reason Of any defect In the
works. mschiusry. plant or stock con-
ncctsd With the business Of the employ
Or: or. secondly, Dy reason Of tbs neg
ligsnce OF sny person in the ssrvies OF
the employer who has superlntend dance
entrusted 70 him; or thirdly. By reason
Of the negligence Of any person In the
service Of the employer TO whose orders
or directions the workman Of the time
Of the injury IVES bound TO conform,
and did conform; or fourtbly, by reason
Of the act or omission Of any person In
the service Of the employer. done or
made In obedience TO the rules or by.
laws of the employer, or in obedience
10 particular instructions given by any
person delegated with the authority Of
the employer In that behslf. tho work
man, or 10 case the injury results in
death. the legal personal represents.
tives OF the workman. and In Scotland,
any persons. entitled 10 case Of death.
shall have the same right Of compensa
tiOu aud remedies against the employ CT
~ IL the workman has not been OF, nor
in the service. Of the employer, nor
engaged in his work.
2. A workman shall not be entitled
under this act to any right Of oompen-
sation or remedy against the employer
IN any Of the following cases. that 10 10
say: First. under subsection os.e of
section one. unless the defect therein
mentioned arose from the negligence OF
the employer. or Of some person in the
service Of the employer. and entrusted
by him with tbs duty Of seeing that the
works, machinery. plant. or stock were
In proper condition. Second. under
subsection four OF section one, unless
thu injury resulted from some impro.
priety or defect 10 the rules. by laws or
instructions therein mentioned. Third,
IN any case whore the workman knew
OF the defect OF negligence which
caused bis injury. aud failed within q
reasonable time to give. or cause 10 be
given. information thereof ~ the en-.
ploysr or some persop. superior to him.
self 10 the person Of the smploysr,
having 10 vsA.ouabls cause to believe
that the employer or such superior was
awar~ u the aid defect or negligence.
8. The asoass u compensation re-
covssabls far personal injury 10 work,
man under this sct shall mot exceed
such can - may b found 70 b equiv.
slsnt 70 the estimated earnings during
the thrss PEARS preceding the injury 81
pssssu In the same grade employ cd
during those years In the like employ
ment aud In the district In which ths
workman 10 smployed at the time oil
the injury.
4. An actisu for the recovery under
this oct Of compensation for On injury
ahall not b msinsainsbls anlsss notice
that such sctlen will be brought |,
given withia ak weeks. and the aotios
10 commenced within six months frow
the occurrence Of the accident esasins
the iujury.