Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-01-14

for said death, shall be assessed with refer
ence to the degree of cuipability Of the en-
ployer herein, or the person for whose neg
lSence he is made liable.
Section 2. Where an employee is instant
ly killed or dies without conscious suffering
as the result of the negligence of an en-
ployer. or of the negligence of any person
for whose negligence the employer is liable
under the provisions of this act, the widow
of the deceased, or in case there is no
widow, the next of kin, provided that such
next of kin were at the time of the death
OF such employe dependent upon the wages
OF such enploye fer support, may maintain
an action fer damages therefor and may
recover in the same manner, TO the same
extent if the death of the deceased had
not been instaneous. or as if the deceased
had consciously suffered
Section 3. Except in actions brought by
the personal representatives under section
1 OF this act, to recover damages for both
the injury and death of an employee the
amount of compensation receivable under
this act in case of personal injury shall
not exceed the sum of $4,000 In case of
death which follows instantaneously or
without conscious suffering, compensation
in lieu thereof may be recovered in not
less than $500 and not less than $1,000 to
be assessed with reference to the degree
of culpability Of the employer herein, or
the person for whose negligence he is made
liable; and no action for the recovery of
compensation for injury or death under
this act shall be maintained, unless notice
Of the time, place and cause of the injury
Is given to the employer within thirty days
and the action is commenced within one
year, from the occurrence of the accident
causing the injury or death. The notice
required by this section shall be in writ
ing, signed by the person injured or some
one in his behalf; but if from physical or
mental incapacity it is impossible for the
person injured to give notice within the
time provided in said section, he may give
the same within ten days after such in
capacity is removed, and in case of his
death, without having given the notice and
without having been for ten days at any
time after his injury of sufficient capacity
to give the notice, his executor or admins
traitor may give such notice within thirty
days after his appointment. But no notice
given undec the provisions of this section
shall be deemed to be invalid or insufficient
ing the time, or cause of the injury: Pro-
vided, 1t is shown that there was no inten-
tion to mislead, and that the party entitled
to notice was not, in fact. misled thereby.
Section 4. Whenever an employe enters
into contract. either written or verbal
with an Independent contractor to do part
OF such employers work, or whenever such
contractor enters into a contract with a
. subcontractor to do all or any of the work
comprised in such contractors contract
with the employer, such contract or sub
&C ntract shall not bar the liability of the
employer for injuries to the employees of
such contractor subcontractor by rea-
sen OF any defect in the condition of the
ScaHoidlng, ways, works, machinery, or
plant, IL they are the property of the en-
ployer or furnished by him, and if such
defect arose or had not been discovered or
remedied, through the negligence of the en-
rloyer or of some person intrusted by him
with the duty of seeing that they were in
proper condition.
Section B. An employee or his or her legal
representatives shall not be entitled under
this act to any right of compensation or
remedy against his or her employer in any
case where such employe knew of the de-
rect or negligence which caused the in
jury, and failed in a reasonable time to
give. or cause to be given, information
thereof to the employer, or to some person
superior to such employee in the service of
the employer, who had intrusted to him
some general superintendent.
Section 6. This act shall not apply to in
Juries caused to domestic servants by other
fellow employees