The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-02-14
FELLOW SERVANT BILL.
A Measure Of Great Interest to Raj.
way Employees.


way Employees.
A matter of interest to railway em
ployes is the fellow servant bill iu-
troduced in the legislature by Myers,
of Carbon county. 1t is understood
that the bill has a good chance to be.
come law. The text OF the measur e
is as follows:
Section l.. Any emplOye of any rail-
way company, foreign or domestic,
operating in this state, who may he
injured while in the performance of
his duty as such, and without contrib
utory negligence, Dy the negligence
OF another employe of such company,
shall be entitled to recover of such
company the damages sustained, not
withstanding the negligent employe
may be a fellow-servant of the injur
ed one, in any case for such negli-
gence, resulting in such injury, oc-
Cured in the performance of any duty
whatever. owing by the company to
such injured employe.
Section 2. Every railway company
owes duty to it's employees to use
such care as is usual and common in
the prudent conduct of railway busi-
ness, to furnish for the use of the
employees engaged in the operation
OF trains and engines a good. safe
roadway and track anu suitable en-
gines. cars, equipment an. appliances,
Negligence upon the part of any off,
Ger or employe, charged with the
duty of supplying or maintaining such
roadway, track, engines, cars, equip
ment or appliances, s.all be held to
be negligence on the part of the com.
pany and it should be no defense to
an action brought by an employe IN
jured through such negligence, that
the officer or employe guilty Of such
negligence, is fellow-servant of the
plaintiff.
Section 3. 1t shall likewise be the
duty of every railway company op-
Grating in the state to have or adopt
such general rules for the government
of all train dispatchers. conductors,
engineers, brakemen. switchmen. sand
all employees engaged in the movement
of engines rtrains as will, if ob
served. prevent collisions. derailments
or other accidents in so far as it IS
practicable to do so; and where any
employe, engaged in such service, is
injured by reason of defect in such
rules, without fault on his own part.
it should be no defense to an action
to recover for such injuries that the
same was caused by an act of fel-
lOwservant of the plaintiff.
Section 4. 1t is the duty of every
railway company to use reasonable
care in the selection and employment
OF dispatchers, conductors, engineers,
firemen, brakemen, and others en-.
gagged in the movement of engines D..
trains, to avoid the employment of III
competent men. When an employe is
injured without fault on his part by
the act of another employe, and such
injury would not have been sustained
except for the incompetency or lack
OF skill of such other employe, it shall
be no defense to an action against
such company therefor, that such
employees are fellow-servants in any
case where the company knew, or
ought to have known that the servant
causing such injury lacked the reuuis-
lite skill to properly perform the du-
ties of his employment.
Section 5. The recovery in any ac
ton, based upon this act, shall not
exceed $4,000, and in every case
where the recovery Is sought here
under the complaint snail refer to the
act by its title, and the commence
mencement of such suit shall be deem
ed an election to take the benefit of
the statute. Nothing herein contained
shall take away or destroy any rights
OF action which might, except for
this act, exist at common law. except
where the plaintiff shall elect to sue
under this act; but the injured EN-.
ploye shall have his election to pur.
sue his remedy under the common law
or under this act.
Section 6. All acts and parts of acts
in conflict or inconsistent with this
act are hereby repealed.
Section Z. This act shall be enforc.
ed and take effect from and after its
passage.