The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-21
LAW LESSONS,
EMPLOYERS AND EMPLOYER
VI.

Ri ALERT SoLAES, Ii. n
The law requires every enpioye "a no.
ufy hts employer Of defects thar occur IA
The appliance or machinery that ne is
using. or Of incempeteney in his coern-
psoye-. This rule is hased on the sound
est reason The employer must look 10
those who work for him for such infor-
nation The employer 81 great factory
could not by personal inspection find out
every defect nor could persons appointed
by him for that purpose. OF course. there
Is often inspection % machinery by per-
sons who are skilled in the use Of H. but
beside such inspections the law clearly
throws on employees the duty also OF nesi-
flying employers Of all defects thar hap
pen while they are At work
Emppcyes Must Notify Their Ens-
pleyers of Defects. Etc.
II a defect occurs In machine or an
Incompetent empioye Is found cut and the
discoverer continues 81 his pest and gives
no notice Of his discovery and Is after
ward injured through the defect. what
ever II may be. he can recover nothing
In such cases the courts say that the en-
ploye assumes the new risk
Consequences Of Not Gtvfng Notice.
Suppose he does give notice, what then.
Doubtless many Of our readers imagine
We will answer that the master becomes
ar once tho insurer against the new risk.
Netting OF the kind II he promises "a
repair. then he becomes the insurer; N
he keeps silent IN many states. though
not In all the courts have said that he
does not assume any new liability. What.
then. in the condition Of the employer
Either he muss assume the new rtsk or
quit The master cannot compel him 10
serve longer; he can quit u he pleases.
but IL he chooses to remain he does 90 at
hts own risk. unless his employer prom
ises TO repair or remove the new defect
or risk whatever Il mny be. The ruis
has been repeated by the courts
The Case es . Miner.
ON one occasion the rule was applied In
AfatAssa 10 the case o. miner. IL H.
every where admitted. says the court.
that II the danger encountered by tas
empioye through his continuance ~ the
that no person Of ordinary prudence would
venture upon II then the continuance %
the peril ls at his own risk and the en-
p.oyer n acquitted OF responsibility upon
he grouna on The employees consfihusory
negligence Where. however. the empioye
or servant, eaectinw not 20 abandon his
employment. gives notice 20 tne employer
Of such defect In the appliances or in-
strumentaiisies used by him. and the etn-
pioyer promises TO remedy the defect. the
relationship OF the contracting parties At
Of the employer that the danger shall be
removed In an agreement ~ him that
he will assume the rtek incident TO the
danger for a ressohAols time snsh ~
the law In al, the states.
Wilaew's Case.
In wildars casa against the United
States Rolling Stock Company. which MAS
tried ~ the courts Of iilsnsis. he vas IN
juted by an iucomHstent enk,n*sr ~, ~
f,,rfh hls duties the court said that hs as
required 10 Keep his yves open 70 wnst
was passing before him. and avsu nimSsH
with reaper, 10 the habits and wayr ~ hss
fellow ersants. and II from either q
thr~e sources % Information nc fpuna
TIA, ons q 'n s.nse rem M own pas,ea
extra hazardous. X was his duty 70 Monty
the master, and " the latter reiussn ~
discharge the incorpetsnt os o,nsf~s.s
unslt feilew servant this campiafninx rrf-
want would have no alternative rut -
auit tbs masters employ. III hs aess nps
~ Will be deemed 30 have assumed the
s s,a,ssa rz a. me psrs x he MASTER 4 =
n~wiswvnr~ to retain The aNf~nxi 81 rsns
IN Mis- employ. II IL. on the other bAoa.
n~sissrnes in ths seIs@sn sa...~ srsssre
una-xz he intends 70 assume the extra s'@S
himself
n ne Does xes Notify Ne Assss~s
the utsk.
This /. tho law 80 uao~t siHtrs. Ar snn-
pioye must nofify his employer % we ~
rassspetsscy ~ fellow ser~snf ~ho -
osklnx With him ~ n defect fhas nas
hs.sgpnssA in any ag4lssnsw ~ nsehlfts re
i nsirg III be dsrs nas ne 10 reN@fdea So
assuming the nsxiy Ssss@ss ~, 80 ,"ts
mas n an esnpiuye gives noitce = dsfesf
~ ~ tho waorhing - AZ incosapetsnt erf-
want W the side q him " s.A, ass. '.''s
~ rstns-f, ts.e aef~rf sns hss esnyiaYs con.
tlu,,rv y, mafk TIE caUrts - lllknns- ani
nasay others say fhe same tries. ,has -
srns,oees il Negligent " ~ tses nothsnH
NJ .ess,sfy ne Refact after ~ has reewssea
.,stee ri 1t ~ aha osher hanS. fhe enax
ssaye h Also Negligent v ~ rssza@ins =
"a ,hst L i hls aasg 70 - - Tate-
$1,000 i sssss tbs rete in AL shs STATES
~ ~ sh#ii SOON learn.
Na~et ef Empi.y~s's rrew.tss-
An esnplay~g en- resolving rera nyties
oftsn pF0snlsss - a.sn.tse ne snesss's g'tsssss
sarvant ~ repair the 1esrsstivs apsf Afsfs.
asa ~ reaaan - tszts rrvraiss ms snnsigfs
esyssstrsna 60 wafks II H@eh ca@sa 100
courts AZ sRrae thas he DORIS nez AsssssAe
ne nsw fiss ~ nssssrs $500 49, \, II.
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