Waterbury Democrat., 1901-01-22
RIGHTS oF THE LABDRER
Senator Kennedy Presented Bill in the
 # Legislature To-day.

I & Legislature To-day. | Senator William Kennedy, of Nau- gatuck, intends to look after the inter- 1 ests of the laboring men in his district 1 by having suitable laws passed for l their protection. He presented q bill l in the senate to-day, looking to that end. This same bill was presentea at | the last session, but, unfortunately, I Senator Kennedy was unseated before he had time to do any work for the bill Senator Hall, who succeeded | him, let the bill go by the board. The | following is the full text of the bill: ] State of Connecticut, General Assem- | ply, January Session. A. D. 1901. | Resolution. An Act to Extend and Regulate the Liability of Employers l to Make Compensation for Personal Injuries Suffered by Employees in Their Service. Resolved by this assembly: Be it enacted by the senate and house of rep resentatives, ill general assembly con- yened:
 Section l. Where, after the passage of this act, personal injury is caused to an employe. who is himself in the exercise of due care and diligence at the time:
 CD By reason of any defect in the condition of the ways, works or ma chinery connected With or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were, in proper condition; or
 CD By reason of the negligence of any person in the service of the en- ployer. entrusted with and exercising Superintendence, whose sole or princi- pal duty is that of superintendence, or, in the absence of such superintendent, of any person acting as superintend- ent with the authority or consent of such employer; or
 {5) By reason Of the negligence of any person in the service of the em- ployer who has the charge or control of any signal, switch, locomotive en- zine or train upon a railroad. the en- ploye, or in case the injury results in death the legal representative of such employe, shall have the same right of compensation and remedies against the employer as if the employe had not been an employe of nor in the ser
 
 it's work. And in case such death is not instantaneous, or is preceded by conscious suffering, said legal repre- sentatives may in the action brought under this section, except as herein after provided, also recover damages for such death. The total damages awarded hereunder. both for said death and said injury. shall not exceed 5000, and shall be appOrtioned by jury between the legal representatives and the persons, if any, entitled under the succeeding section of this act, to bring an action for instantaneous death. If there are no such persons then no damages for such death shall be recovered. and the damages, so islr as the same are awarded for said death, shall be assessed with refer ence to the degree of culpability of the employer herein, or the person for whose negligence he is made liable. A car in use by or in possession of railroad company shall be considered q part of the ways, works or machin- cry of the company using or having the same in possession, within the mean ing of this act, whether such car is owned by it or by some other company or person.
 Sec ?. Where an employe is instant. ly killed or dies without conscious suf- fering, as the result of the negligence of an employer, or of the negligence of any person for whose negligence the employer Is liable under the provisions of this act, the widow of the deceased, or in case there is no widow, the next of kin, provided that such next of kin were at the time of the death of such T1 0f such employe for support, may main tain an action for damages therefor and may recover in the same manner, to the same extent, as if the death of the deceased had not been fnstantane- ous, or as if the deceased had con- sciously suffered.
 Sec 3. Except in actions brought by the personal representatives under section one Of this act to recover dam- ages for both the injury and death of an employe, the amount of compensa- ton receivable under this act in cases of personal injury shall not exceed the sum of $4,UOO. In case of death which follows instantaneously or without conscious suffering, compensation in lieu thereof may be recovered in not less than $500 and not more than $5,- GOO, to be assessed with reference to the degree of culpability of the em- ployer herein, or the person for whose negligence he is made liable; and no action for the recovery of compensa- tion for injury or death under this act shall be maintained, unless notice of the time, place and cause of the in- jury is given to the employer within thirty days, and the action is con- menced within one year, from the oc- currence of the accident causing the injury or death. The notice required by this section shall be in writing, signed by the person injured or by some one in his behalf; but if from physical or mental incapacity it is im- possible for the person injured to give the notice within the time provided in said section, he may give the same within ten days after such incapaclty is removed, and in case of his death without having given the notice and without having been for ten days at