The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-07
LAW LESSONS.
EMPLOYERS AND EMPLOYEES
By ALBERT S. BoLLEs. IL D.


Nv.
CORPORATIONS have the same duty as In
6ividuals in selecting proper empioyes
for the service required OF them, sate
places wherein to work and proper APP
pliances The fact that this duty must
be done by an agent--a president. mana
ger, superintendent or other officfal-in
no wise changes the duty or liability OF
the corporation Itself. The rule has been
we'll stated by Mr.. Justice Gray. OF the
supreme court OF Massachusetts,
corporation must, and master who has
an extensive business often does, per-
form this duty through officers or super
intendents: but the duty Is his and not
merely theirs. and for negligence OF his
duty In this respect he Is responsible.
To hold otherwise would be to exempt
n master who selected all his machinery
and servants through agents or superin-
tendents from all liability whatever 70
their fellow servants, although he had
been grossly negligent in the selection
or keeping of proper persons and means
for conducting his business. In the case
OF a corporation the president and d.
Yectors. at inast. cannot be deemed mere
servants. but must be considered as repre-
senting the corporation itself"
Competency Of Employees Ii a Ques-
zion OF Fact.
wneths, e. smS0ys 4 S%pH Il ssss 2
sharnscr. whan an injury has hapnened
20 a servant through the act of another
can the question be answered whether
the injured servant or the one who In
yv'su Nun was ~ ,ras. all
9. me , ~. ,rt,,rad no =" ~. negIivence
way VINO was injured ny tne ncknkencs
o. .ne ~ ~, s. 70 nr,,,,s 10 az
So"psny nau ncs r..',ss ass
~ selec.,ns a. EV,ue n ~ vas s,,rt an AZ
conccrhlns Ms ntness ann tns sourt ue.
clared snei tne company nao not pee"
fem1ss IN its outy.
a Corporation Cannot shift Its Re-
.~~~.tnsuss~
sponsiD'"sy'
Though this duty of selecting At en-
pIoyes may be delegated or done by an
or escape his responsibility II he could,
the rule would soon cease to be Of any
,. sor ne rnra,,on 81 seiecsiny emu, ar,s
pIoycs il not regarded as a fellow serv-
ant OF the employee In one sense all are
agents actinS for common MASTER in
another sense they do not thus act. The
hiring agent. 30 to speak, In not related
30 those hired by him as one of their
own number. though In truth he Ii hired
and paid, It may be, in the same manner
az the others Thus In Ford vs.. Railroad
the siprcma court of Massachusetss has
remarked that tho agents who are
charged with the duty OF supplying safe
machinery are not. In true sense of the
rule. TO be REGARDED a. fellow servants Of
those who ara engaged In operating II
They are charged with masters duty
20 his servant They are employed in dis
Ice and there Is no difficulty In cistln-
gushing them, even when the same per
son renders service by turns In each. as
the convenience OF the EMPLOYER NAV re-
Quire."
Consequently when servant IL employ-
ed by corporation who proves to be IN
=
another the corporation cannot escane
liability by SAVING that tbe ne, ~ hirinv
was not ifs own act hut that ~ another
A corporation must Indeed act through
furnishing them with arpliancas "a "a
placee for work etc the corporation is
therefore IL responsible for the results.
Such In the rule stated at an early day
and has often been applied
~ NespOnstDsIity Tor Nepalrs.
The rule had been in existence only a
few years before the court. haran ~ ~ 70
Il down. While still clinging to the first
part and holdiur corpora tfpns for the Sc
lection Of M prnpioyes etc they dacia rea
TINT they could relieve themselves from
responsibility for keeplng appllanees in
repair by appointing cou,nef,snt persons
10 do this for them Massach,laett. ia
of in this departure In The case ~
johnson VS. Boston Towboat Command the
court said: zone emnioyed in tba care
supervision and keeping IN ordinary re.
pair OF the means and appltences used IN
4 business is engaged in a common ssr-
Vice. Thus a person charged with the
duty OF keeping the track az railway
In repafr: the chief engineer IN n I'm
vessel whose duty n was ~ see ,bat ~ a
machinery was kent IN order. an under
locker IN N mine whosa antv N u,as ~
examine the rock Of the mine and nrnn
II when dangerous. tho general forema n
and manager OF extensive builders and
contractors Again, In the case of King
Jns,tas lsl",cSar sa,d' ~ sa,i1 ns AT, "a
t,sair .ha,,iS ~ ~. a..,s NJ ~, "N =.
..r,a,,s ~, w. ia 's s,,n. AZ 70 ~
49, .a,. arA ,'e,,ats'e, ~. ~. 49, ~,
900 H. ,sn,ar sa,st. . :, -. ~ p'"A ~, I
i'hf ~ btRttf fNItH alNtfNdll NNhit