The news & observer., 1897-02-10

ENGLAND AND GEORGIA MAKE
EMPLOYERS LIABLE.


Up to 1880 in England, in the case
of injuries arising out of co-employe's
negligence, the workman stood at dis
advantage as compared with the world
outside. For damage done by his SER
wants acting within the scope of their en-
ployment, the employer was responsible
to strangers. But an employe injured by
the negligence of fellow workman had
no such redress BY entering into con-
tract of service the common law infer
red that he had taken on himself the or
binary risks incident to such business
er. This common law exemption of liza
bility by employer had been engrafted by
numerous decisions, and gave rise to
much hardship.
In the year 1880, Mr.. Gladstone Sc
cured the passage of the Employers Liza
bility Act. Section / provides that where
injury is caused to workman
~ BY reason of any defect in the
condition of the ways, works, ma
chinery, or plant connected with or
used in the business of the employer; or
% BY reason of the negligence of any
person in the service of the employer who
has any superintendent entrusted to
him whilst n the exercise of such super
intendence; or
81 BY reason of the negligence Of any
person in the service of the employer
to whose orders or directions the work
men at the time of the injury was bound
to conform, where such injury resulted
from having so conformed; or
(4) BY reason of the act or omission of
any person in the service of the employ
er done or made in obedience to the rules
or bylaws of the employer,or in obedience
to particular 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 employer who
has the charge or control of any signal.
points, locomotive engine, or train upon
a railway: the workman, or IN
case the injury results in death,
the legal personal representatives
of the workman, and any per-
sons entitled in case of death, shall have
the same right of compensation and rem
edies against the employer, as II the
workman had not been workman Of
nor in the service of the employer, nor
engaged in his work.
Section 2 provides certain exceptions
where workman shall not be entitled to
compensation, among them
ID If the employer, or some person IN
his employ, had not been guilty of negli-
gence.
(2) II the injury resulted from some
impropriety or defect in the bylaws,
rules or instructions therein mentioned.
(3) In any case where the workman
knew of the defect or negligence which
caused his injury, and failed within rea-
sonable time, to give, or cause to be Civ
en-, information thereof to the employer.
or some person superior to himself in the
service of the employer, unless he was
aware that the employer or such superior
already knew of such defect or negh-
gence
Section 8 provides that the amount
of compensation recoverable shall not
exceed such sum as may be found to be
equivalent to the estimated earnings,
during the three years preceding the in
Jury. of a person in the same grade, etc.
The Georgia Code, section 2083, says:
RAILROAD companies are common car
riers. As such companies necessarily
have many employees who cannot posi-
bly, control those who should exercise care
and diligence in running of trains, such
companies shall be liable to such en-
ployes as to passengers for injuries aris-
ing from the want Of such care and dill
igence"
At the session Of 1895, in order to meet
the evasion Of the law by which the
railroads required all employees to make
special contracts, the Legislature of Geor
gia passed an act declaring that "all con
tracts between master and servant, mad;
in consideration of employment whereby
the master is exempted from liability
to the servant, arising from the negligence
.e the master, as such liability is now fix
ed by law, shall be null and void al
against public policy"
North Carolina ought to follow Geor
xia's example, by passing the bill intro
aueed in the House by Mr.. HARNESS
Of IrcdelI.