The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-01-26

LIABILITY
Full Text of the Bill is Here Given
For the Benefit of TeIe-
gram Readers.
by ". P. Wears.

o1O4NB Jan. Eo-0endtOr
Thorn while not making as much
noise as some other members of the
senate, like Mr.. Hart of the house, is
attending strictly to business.
Employers liability bills by the
half score have been introduced in
both bodies and some have ere this
been dicapitated in the committees,
but good one will pass both houses.
1t seems that Senator Thorn has, in
the introduction of such bill, better
known as the Fellow Servants Biz
struck the popular chord as he has a
bill in the senate drafted after the
recommendations made by President
Roosevelt in his message to the pres
ent Congress. The full text Of the
bill is as follows:
SENATE BILL NO. III.
A bill fixing and relating to the
liability of railroad companies, street
railroad companies. and all common
carriers to their employees for in
jury or death occasioned by the neg
ligence of fellow servant, or CO.
employee:
Be it enacted by the Legislature of
West Virginia:
/. That every railroad company
and traction company engaged in the
business of common carriers, or car
rying passengers for hire, in the
State of West Virginia, shall be la
bic to any of its employees, or, in
case of his death to his personal rep
resentative for the benefit Of his
widow and children. If any, If none,
then for his parents, If none, then to
his next of kin dependant upon him,
for all damages which may result
from the negligence from any of its
agents. officers or employees, or by
reason of any defect or insufficiency
due to its negligence in its cars. en-
gines, appliances. machinery. track,
road bed, ways or works. and in all
cases the liability of the employer
shall be the same for every injury
occasioned by the acts or omissions
Of any employee of a common master
as If the acts or commission OF any
employee of the common master
where those of the master himself in
the performance of a non-assiable
duty.
2. That in all actions hereafter
brought against any common carrier
or against any such employer to re-
cover damages for personal injury to
an employee or where such injuries
have resulted in his death. The
fact that the employee may have been
guilty of contributory negligence
shall not bay a recovery wherever
the negligence of the employer, its
agents or servants. contributed to
the injured, but the damages shall
be diminished by the jury in proper
ton to the amount OF negligence at
tributable to such employee.
3. That no contract Of employ
ment, waiver, insurance, relief bene-
fit. or indemnity for injury or death
entered into by or in behalf Of any
employee, nor the acceptance of any
such insurance. relief benefit, or
indemnity by the person entitled
thereto shall constitute any bar or
defence to any action brought to re-
cover damages for personal injury
or death OF such employee. Pro-
vided, however, that upon the filing
Of such action against any common
carrier the defendant may set on
therein any sum It has contributed
toward any such insurance. relief,
benefit or indemnity that may have
been paid to the injured employee,
or In case Of his death to his person
al representative.
4. That no action shall be main
tanned under this act unless COM
menced within Que year from the
time the cause Of action occurred.