The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-31
THE DUTIES OF AN EMPLOYER OF LABOR.
THE

Sometimes train is started with too
few hands and an accident happens. Thus
In Flake VS.. Boston * Albany Railroad
Company train was sent out with only
two brakemen instead OF the ordinary
number, three An injury happened to
one of the men and he sued the company,
claiming that IL was neglectful In send
ing the train out with less than the usu-
al number The court said that ..it was
clearly the duty OF the corporation in
making up and dispatching the advance
train 70 supply II with suitable mac hin
cry and sufficient help for the business
and journey which II was about to UNI
dertake and II there was any want Of care
In these respects which caused the in
iihirrd BRAKEMAN man was only one Of 1.-THE the steps
proper to be taken TO discharge the prin-
cipal's duty, which was to supply with
sufficient help and machinery and proper
ly dispatch the train In question. and this
duty remained TO be performed. although
the hired brakeman failed to appear for
any other reason. II was negligent for
sufIieient help The company ONE any" Therefore
was held liable to the injured emnloye.
Instructions to Employees.
Lastly 1t Is the duty Of the employer to
give Instructions These are Of various
Kinds. Some relate to the conduct OF all
guidance Of minors. A railroad company
has many rules which must be known to
its employees, and In many cases 1t has
known. These viii be fully considered
such il the great rule that governs en-
Been nrns the tights u
ties OF employed and employers would
have been much simpler and better under
fled, al we shall hereafter see, until but
very little OF II remains. Before stating
In what ways this has been done some
other topics must first be considered.
Risks Assumed by Temporary Em-
p10yes.
Before leaving the subject OF the risk
assumed by an employe another class OF
cases ought to be mentioned. those In
which persons are temporarily employed
In some other way. not included In the
are OF a more dangerous character than
those first undertaken Yet It has been
held that II they are undertaken know
cases, and there can be no recovery for an
injury received while executing them
Even though the employee receives no
greater reward for assuming the larger
risk, he can get nothing II injured 1t is
said that he assumes the risk rather than
lose his place. In Leary VS. Boston & AL
fully considered. The person e injured injured was was
aiding as fireman on an engine and knew
that this duty was not within his original
contract e q laborer. He chose to per-
lsborer. In so doing the court said that
he assumed the risk The remarks of the
court ara worth giving. After de-
ciarfnE that he did this rather than lose
bis place the court. continued: by so
doing he engrafted this duty on his srig-
tnal contract Of which he made II q part.
Morally TO coerce servant to an employ
ment, the risk of which he does not wish
to encounter. by threatening otherwise to
deprive him Of an employment he can
readily and safely perform. may some
times be harsh. but when one has as
sumed an employment II an additional
and more dangerous duty is added TO his
II he does accept II, then he also assumes
the risks. that are incidental thereto
The employer so the court continues
rs not necessarily unjust because he
from time to sims relieve skilled work
man while his ordinary duties will be
those OF a mere iaborer. 1t must certain
iy be hts right to engage . servant who
while his ordinary duties will be simple
a part OF his service from time to time
to assume duties which in order to be
safely performed require a higher degree
q 9, skli ana which expose him to certain
This. however. In not the law In every
state. The. rule IL. indeed. harsh one
A laborer II requested to act as fireman
and assume the greater risk. The court
sayy that II he does not wish to act he
not ne win lose his place. Rather than
do this he accepts. performs the lnrger
service though receiving no greater re.
ward. In other words. his employer hires
him for one service and uses him for
smother; He may. indeed. decline. but
quite right In saying that tho rule is a
harsh" one, and II does seem to be very
near tho line OF trenching on ones free
DOM