The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-24
SLIGHT CHANGES
IN LIABILITY ACT
REPRESENTATIVE KING SPENDS
SUNDAY IN BIRMINGHAM AND
TALKS INTERESTINGLY OF THE
PROPOSED LIABILITY LAW.

Representative Jerre King OF Jefferson
came up from Montgomery last night,
and will spend Sunday in Birmingham.
Mr.. King was recently honored by being
! chosen to redraft the employers liability
! bill. which has been widely discussed.
| especially in the birmingham district.
! Speaking of the bill last night, Mr.. King
said:
! AS author of the substitute 10 the en-
| poyers' liability bill, which was favorably
reported ON yesterday by rhe judiciary
committee of the house, | desire To say
! the bill reported favorably by the COM
mittee follows in almost identical Ian
guage the present statute and there are
only one or two slight fmmaterial changes
! In the first five subdivisions of the pres
ent act one additional subdivision is
added and this is not at all drastic, but
only cures what | regard serious de-
feet relative to the rule under the COM
mon law for the master maintaining u
reasonably safe place for the employe
To be engaged I'm or about the business
of the master. Only under subdivision
is the fellow servant rule enlarged. The
fellow servant rule in the Ave first sub
divisions remains unchanged.
'"rhe rule of damages is changed only
I'm case where the injury To the employee
results In death. There is no change IN
the measure of damages where the en-
ploye receives personal injury which does
not produce death. Under the law IN our
state. if the employee is unmarried or has
nobody dependent upon him, and saves
nothing from his earnings. and Is killed
by reason of the negligence of the master,
no matter how gross or wanton, no dam
ages can be recovered. This is marsh
and inhuman rule, aud should not be
the law. Under the bill us now drawn the
measure Of damages is left To the jury in
a III q
now where the employe only receives per
sonal injury which does not result IN
death.
LAS to the question Of assumed risk
under the present law. If the emploNe no
tiies the master Of the defect. the master
! carries the risk of the defect only for a
reasona Bile time If the master falls or
negIects 10 remedy the defect and tho
emploNe remains IN the service OF the
employer after the lapse Of reasonable
time. then the risk shifts To the employe.
aud Is assumed by him until the injury
occurs This rule is changed under the
bill now before the house so as to read
substantially a. follows
The enploye carries the risk II he
knows of the defect and does not notify
the master Of the defect IT the empioNe
notifies the employer of the defect. then
the master assumes the risk after notice
is given. 1-aBatt. on Master and Ser
want" says any other rule than that pro-
vided IN this bill is cruel and inhuman.'
LAS to contrbutory negligence the same
provision is Incorporated in this bill ~
provided I'm the federal statute, which
unanimously passed both houses OF Con-
gress and Was approved by the President
on June II, 1905. This federal statute In
volses the doctrine Of comparative negli-
gence IL was introduced by Senator John
w. Daniel of Virginia a great constitu-
tional lawyer, and a man of well known
conservatism. This bill was voted for by
both of our United States senator's and
all the congressman from this state This
Is to show you that our committee Is only
following the lead which was recommends
ed by the President and unanimously
agreed to by Congress.
"The present bill seeks 10 cure some
patent defects under our present liability
act which has been in force for more than
twenty years. which greatly mobiles the
fellow servant rule Of the common law.
and the provisions are wise and humane