Birmingham age-herald., 1894-12-25
THE EMPLOYERS LIABILITY ACT.

THE EMPLOYERS' LIABILITY ACT.
 Under the law us il now stands the measure of recovery in case of an injury to an employe is compensatory, and not punitive. The Supreme Court of Ala bama, in passing upon this law on that question, has followed the decisions of courts of last resort in other States where the law is in effect the same. They say that jury has 10 right to bring in yer dict against the employer based solely upon their discretion as to what the amount should be, but that in order to re- cover the burden of proof is on the plain- tiff to show that the defendant was negli- gent and that the negligence caused the injury, and besides this, where death uc- CUTS, the plaintiff must submit evidence to the jury of the age, probable duration of life, habits of industry, means, business, earnings, health, skill of deceased and his reasonable future expectations.
 Upon this the jury must calculate the measure of damages, which, under the de- cisions, would be such sum, as with le- gal interest during the expectancy of life added, would produce at it's expiration a sum equal to tue amount of the net earn ings during the same period. This fur nishes reasonably certain basis on which to find verdict, and employers, when an accident occurs to employees for which they gre liable, know the extent of their lia- biity.
 Colonel Johns amendment to the law upsets all this and makes the measure of recovery punitive, that is, leaves it en- tirely with the juries to bring in verdict for any amount they may choose 10 punish the defendant, the only limitation upon the amount of the verdict being the will and inclination of the jury which tries the case.
 Colonel John's amendment goes further than the law as it now exists, iu that he amends subdivision 5 so that any em- ployer, whether a corporation or an indi- vidual, is responsible for the negligence of q co-employe of the injured person who has charge of any machine or tools used in the business of the employer. This would make farmer liable for the negligence of bis wagon driver, if injury occurred to an- other employe by means oi such negli- gence, or merchant for the negligence of his dray driver, etc.
 Under the law as it now exists master or employer is bound to use due care to furnish his employees with safe and suita- b!e tools and machinery, etc., with which to do their work. If the employer or mas- ter neglects that duty and injury results in consequence thereof, the injured party is entitled to recover damages.
 Colonel John's amendment makes it the poSitire duty of masters or employers to fur nish suitable and safe material aud tools for the use of their employees. It may be subject to the construction that no matter how careful they might be in selecting the materials, etc, if they should afterwards turn out to be defective, and injury re- suited by reason thereof, the injured party could recover punitive damages for it, thus making the master or employer an insurer of the machinery, tools, etc.. used by the employe.
 This amendment includes all things ne cessary to do the work of the master or employer, whether the master or employer be a railroad, an iron furnace, a steel plant, a cotton factory, farmer, blacksmith, {, merchant, or any other occupation.
 The amendment also changes the law in this respect: Now, if an employe continues .o work for the employer, knowing of a defect in the material or machinery, and is hurt in consequence of the defect, he can- not recover because he takes the risk know ingly. The amendment changes this and entities an employe to punitive damages who continues in the service of the master and is hurt by reason of the defect in the machinery, etc., although he may have known of the defect, if the master or em- ployer also knew of the defect.