The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-18
employees
BENEFITED BY PROVISIONS OF
BILL INTRODUCED IN LOW
Err HOUSE.

.L"4. I#NaH. .H.NuL Hn7
CHARLESTON. Feb. 1s.-A bill I'm.
posing upon railroad corporations liza.
bility for injury in certain cases seems
likely to be passed by the House OF
Delegates at the present session, but
just what action will be taken in the
Senate cannot be surmised. Mr.. Oh.
lard, the author of the bill which bears
the number AZ, had the bill taken up
Saturday afternoon out of. its order
and after several attempts to amend
the bill was finally passed to its third
reading and will likely come up for
passage at the session today.
Probably the farthest reaching
change in the bill was when MI. jEv.
ans, of the county of Mingo. attempt
ed to substitute House bill So, an EN-.
ployers' liability bill. but the same was
ruled out by Speaker seamon on a
point of order raised by Mr.. Gallagher,
who claimed that the substitute was
not germane to the proposition contain
ed in the original bill. The effect of
the substitute would have been sweep
ing, making every kind OF corpora.
ton liable for the injuries received
by an employe. The patron Of the
resolution and his colleague from the
adjoining county of Mcdowell, Mr..
.strother, opposed the substitute be-
cause they were attempting to bene-
ct the employees Of the railroads.
Another amendment by Mr.. Hearn
to strike out a provision which states
that the knowledge Of a defect in the
machinery OF appliance Of a railroad
corporation by an employee who Ia In
jured or killed shall not be a bar to
recover any damages. Mr.. Nugent
and strother made an appeal that the
amendment be voted down and the
same was Withdrawn by Mr.. Hearn
when he saw their objections to It
being eliminated.
The bill as 1t reads at the present
time is as follows:
Section l. That every corporation
operating a railroad in this State
whether such corporation be created
under the laws OF this State or other
wise, shall be liable in damages for
any and all injury sustained by any
employe of such corporation. as fol-
lows:
When such injury results from the
wrongful act, neglect, or default Of
any agent or officer OF such corpora.
ton superior to the employe injured
or OF a person employed by ouch cor
poration. having the right to control
or direct thu services of such EN-.
ploye by whom he Is Injured and
also, when such injury results from
the wrongful act, neglect or default
of a co.employe engaged in any
other department of labor from that
of the employe injured. or Of a CO.
employe on another train of cars, or
of a eo-employe who has charge Of
any switch, signal point or Iocomo.
tive engine, or who is charged with
dispatching or transmitting tele-
graphic or telephone orders therefor.
Knowledge by any employee injured,
of ther defective or unsafe character
or condition of any machinery, ways,
appliances. or structures of such cor.
poration, shall not itself, be a bar to
recovery for any injury or death caus-
ed thereby.
When death, whether instantane.
u or otherwise, results from any in
jary to any employe Of such corpora
ton, received as aforesaid, the person
al representative Of such employe shall
have a right Of action therefor or
against such corporation, and may re-
cover damages in respect thereof.
The rules and principles of law as
to the contributory negligence. which
apply to other cases. shall apply to
cases arising under this act, except
in SO Ear as the same are herein mod
flied or changed.