The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-25
ENGLAND AND GEORGIA MAKE
EMPLOYERS LIABLE.


ee.s negligence, the workman stood at
a disadvantage as compared with the
world outside. For damage done by
the negligence of his servants acting
within the scope Of their employment,
the employer was responsible to
strangers. But an employee injured by
the negligence Of a fellow workman
had no such redress. by entering in
to Il contract of service the common
law inferred that he had taken on
himself the ordinary risks incident to
such business as was lawfully carried
ON hy his employer. This common law
exemption Of liability by employer had
been engrafted by numerous decisions
and gave rise to much hardship.
In the year 1850, Mr.. Gladstone Sc
cured the passage Of the Employers
Liability Act. Section ] provides that
where personal injury is caused to a
workman
"a By reason of any defect in the
condition of the ways, works, ma
chinery. or plant connected with or
used i'm the business ct the employer;
or
(2) By reason of the negligence of
any person in the service of the en-
ployer who has any superintendent
entrusted to him whilst in the exercise
of such superintendence; or
(al BY reason of the negligence of
anv person in the service of the en-
ployer to whose orders or directions
the workmen at the time of the in
Jury was bound to conform where such
inquiry resulted from having SO CON
formed; or
al By reason of the act or omis-
sion of any person in the service OF
the employer done or made in obedl-
ence to the rules or bylaws OF the
employer, or in obedience to particu-
lar Instructions given 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 en-
ployer who has the charge or control
of any signal, points, locomotive en-
CINE, or train upon railway
the workman, or in case the
injury results in death, the legal
personal Representatives of the work
man, and any persons entitled in case
Of death, shall have the same right of
compensation and remedies against the
employer, as if the workman had not
been a workman of nor in the service
of the employer, nor engaged in his
work.
Section 2 provides certain exceptions
where q workman shall not be emit
tied to compensation, among them,
l. If the employer or some person in
his service had not been guilty of neg
ligence; 2. If the injury resulted from
some improperly or defect in the rules
bylaws, or instructions therein men,
toned; In any case where the
workman knew of the defect or negli-
gence which caused his injury, and
failed within a reasonable time, to
give, or cause to be given, information
thereof to the employer, or some per-
son superior to himself in the service
of the employer, unless he was aware
that the employer or such superior all
ready knew of said defect or negli-
gence.
Section 3 provides that the amount
of compensation recoverable shall not
exceed such sum as may be found to
be equivalent to the estimated earn
ings, during the three years preceding
the injury, Of person in the same
grade, &c.
Tie Georgia Code, section 20s3, says:
Railroad companies are common
carriers. AS such companies neces-
sarsly have many employees who can
not possibly control these who should
exercise care and diligence in run
ming Of trains, such companies shall
be liable to such employees as to pas
sengers for injuries arising from the
want Of such care and diligence
At the session of 1895. il order
to meet the evasion Of the law by
which the railroads required all en-
polgecs to make special contracts, the
Legislature passed an act declaring
that "all contracts between master
and servant, made in consideration Of
whereby the master is ex-
empted from liability to the servant,
arising from the negligence Of the mas
ter or his servants, as such liability
Is now fixed by law, shall be null and
void as against public policy"
North Carolina ought to follow
Georgia example