Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1883-06-14
The Employers liability.

The Bixby bill, intended to extend and regu-
| safe them for personal injuries suffered by
workmen in their service, has furnished a
fruitful topic for discussion I'm the House OF
Representatives, particularly. Although Its
passage through both houses Is very doubt
ful, we give the provisions Of the bill for the
information of employers and employees:
SECTION l. The people Of the state OF Mich
igan enact, That where personal injury is
caused to workman,
l. BY reason of any defect in the condition OF
the ways, works, machinery, or plant con-
nected with or used In the business of the en-
ployers or
Q. BY reason of the negligence of any person
in the service OF the employer, who has any
superintendence entrusted to him, whilst In
the exercise OF such superintendent; or
3. BY reason of the negligence of any person
in the service of the employer, to whose orders
or directions the workman at the time OF the
injury was bound to conform, and did conform,
where such injury resulted from his having SC
conformed or
4. BY reason of the act of omission of any
person in the service OF the employer, done OF
made In obedience to the rules OF the employer
or In obedience to particular instructions giver
by any person delegated with the authority OF
| the employer in that behalf or
5. BY reason OF the negligence of any person
| In the service of the employer, who has tho
| charge or control OF any signal, switch, loco
| motive engine or train upon a railway.
The workman, or In case the injury results
| in death, the legal personal representatives o
the workman, and any person entitled in cast
| of death, shall have the same right of compen
| sation and remedies against the employers a:
| II the workman had not been a workman OF, mol
In the service OF the employers nor engaged in
| his work.
SEC. 3 A workman shall not be entitled un
Il 49,.
| remedy against the employer in any of the fol
lowing cases; that is TO say
l. Under subsection l, OF section /, unless
| the defect therein mentioned arose from or haC
not been discovered or remedied, owning to til,
negligence OF the employer, or OF some person
in the employer, aud entrusted by him with tn,
duty of seeing that the ways works. machinery
or plant were In proper condition.
9. Under dissection of section /, unless
| the injury resulted from some improperly OF
defect In the rules or instructions therein men
| toned.
3. In any case where the workmen knew o.
| the defect or negligence, which caused his in
| jury, and failed within a reasonable time L
| give, or cause to be given, information thereo
| to the smplyer, or some person superior TO him
| self in the service OF the employer, unless h
| was aware that the employer or such superio
already knew OF the said defect or negligence
| SEQ. g. The amount Of damages recoverable
under this act shall not in any case exceed $40,
600.
Sec 4. An action for the recovery OF com
pensation unde- this act shall not be inaintaina
| BILE unless IL Is commenced within one year from
| the occurrence of the accident causing the In
| jury, or, In case of death, within one Yea
| from the time of death.
SEC B. In determining In any case the amour
OF compensation payable under this act by al
employer, the court, or il the damages are as
sessed by a jury, the jury shall take in con
sideration the value of any payment OF con
tribution made by such employer to or for tn
injured person in respect TO his injury.