Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1902-07-16


the general services or the immediate
work of the party injured, or the gen.
eral services of the immediate work
OF the co-employee by whom be is in
jured, aud also, when the injury re-
suits from the negligence of q co-em-
ployee engaged in other department
of labor from that of the party injur-
ed or engaged on another train of
carson who has charge of any switch,
signal point, or locomotive engine, or
is charged with dispstching trains or
transmitting telegraphic orders there.
for, and whether such negligence be
IN the performance of an sssiguable
or non -sssignable duty. knowledge,
by any such employee injured, of the
defective or unsafe character or con.
dition of any machine, ways, sppli-
ances, or structures, shall be no
defense To an action for injury caused
thereby. When death, whether in
Simultaneous or otherwise, results
from any injury to such an employee,
received rs aforesaid, aud which
have entitled him TO recover for such
injury under the above provisions,
had death not occurred, then the per.
sonal representative, surviving con-
sort, and relatives of the deceased
shall respectively have the same rights
and remedies for such death of the
deceased as they respectively would
have had If his death bad been cAus-
ed by the negligence of co en-
ployee of the common master while
In the performances vice principal.
of n non asSignable duty of the com
psny. Any contract or agreement.
express or implied, made by any EN-
ployee, to waive the benefit of this
section, shall h,. null aud void. Tins
section shall not be constructed to
deprive any employee, of his legal or
personal representative, surviving
cOnsort or relatives. of any rights or
remedies that he now has. or TIA,
they now have, hy the law of the
land. Nothing contained in this
section should have the effect of
restricting the power of the General
Assembly 10 further enlarge, for the
above-naned class of employees, the
rights and remedies hereinbcfore
provided for,or To extend such rights
and remedies to.or otherwise enlarge
the present rights and remedies of,
any other class of employees of rail
roads or of employees of any person
firm, or corporation.
Sec. IL. No foreign corporation
shall be authorized to carry on. in thi:
State, the business, or to exercise any
of the powers or functions. of IA pub
lac service corporation, or be permit,
ted to dn anything which domestic
corporations are prohibited from
doing.or he relieved from compliauc,
with any of the requirements mad,
of similar domestic corporations b,
the Constitution and laws of thi
State, where the same can be mad
applicable to such foreign corporation
without discriminating against them
But this section shall not affect an
public service corporation whose lin
or route extends across the boundar,
of this Commonwealth, nor proven
any foreign corporation from contin-
uing in such business as it ma,
actually be engaged in, within thi
State, when this Contribution goer
into effect;but any such foreign pub
lie service corporation, SO engaged
shall not be authorized to hereafte
acquire, lease, use or operate, within
this State, any public or municipal
franchise or franchises in addition t
such as 1t may own, lease, use o
operate when this constitution zoe
into effect, without first becoming in
corporated under the laws of thi
State. The property. within thi
State, of foreign corporations shall
always be subject to attachment, tn
same as that of nonresident individ
uals; and nothing in this shall restric
the power or the General Assemble
to discriminate against foreign cor
porations whenever, and in whatsoeve
respect, it may be deemed expedien
or wise to do so.
Sec. l2.The right of the Common
wealth, though such instrumentalitie
as 1t may select, to prescribe anC
define the public duties of all com
mon carriers and public service cor
poration, to regulate and contro
such carriers ond corporations in tn
performance of their public duties
and to fix and limit their charge
therefor, shall never be SURRENDERED
nor abridged.