The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-14
LIABILITY OF
THE RAILROADS
Bill introduced in Senate and
House Intended to Over
come Objections.
ENDORSED BY EMPLOYEES
DOCTRINE OF COMPARATIVE
NEGLIGENCE" RECOGNIZED.

Washington. S-h. 13.-A comprehen-
sive employers liability bill was intro
duced in the senate and house today by
Senator La Toilette of Wisconsin and
| Representative Sterling of Illinois. The
authors say the bill has the endorse
| ment of the Brotherhood of Locomo-
| tive Engineers. the Brotherhood of Lo-
and the Brotherhood of Railroad Train
men, and is intended to meet the re-
cent decision of the supreme court by
which the employers liability act of
June II, 1906, was declared uncOnsti-
| tutiOna1.
Every common carrier while en-
gagged in interstate or foreign COM
merce, or commerce between the pos
sessions of the Uniaed States, is made
liable to its employees who are injured
while employed such commerce when
such injuries are due to the negligence
| or acknowledgement of any officer or
employe of such carrier, or when due
| to defects or insufficiencies in equip
ment. This provision is made equally
applicable TO carriers in the terrific
ries, the District of Columbia and the
Panama canal zone, and carriers en-
gagged in the transportation of the
| United States mails.
Negligence of Employees.
| The bill recognizes the doctrine of
| comparative negligence" as it is now
recognized in the states of Wisconsin,
South Dakota, North Dakota, Nebras-
ka, Nevada, Georgia and Florida, and
| in the act of congress which was de-
clared unconstitutional 1t permits an
| emplOye to recover damages if he has
| been guilty of cOntributory negligence,
| but says the jury shall diminish the
damages in accordance with the por-
| ton of negligence they may find is
attributable to :ch, employers.
1t is provided also that an injured
employee shall not be held to be guilty
of contributory negligence in any case
where the violation of law by the car
rier contributed to such injury, also
that questions of fact relating to neg
| ligence shall be for the jury to de-
| termine.
Fees of Attorneys.
| In the event Of verdict I'm favor of
| the employe, it is required that the
court shall allow as part of the costs
| a reasonable Jrney's fee, not ex-
/ ceeding an amount equal to % ner
cent of udgmentFecovered, and an ad-
| ditional fee equal to 5 per cent of the
amount finally recovered for each aD-
| peal. 1t is made a misdemeanOr. pun
| ishable by fine not exceeding 81, coo or
/ imprisonment not to exceed six months,
! for an attorney to exact or receive any
| fee or compensation other than or adj
ditional to the amounts so allowed by
/ the courts.
AM injured employee shall not be held
to have assumed the risk of his en-
| ployment in any case where the viola
ton of law by the carrier contributed
| to such injury.
Contracts Void.
One section Of the bill specially makes
void any contract, rule or any device
whatsoever the purpose of which is to
exempt the carrier from liability under
the act. The statute of limitations
within which suit can be brought is
| fixed at three years.
Receivers of common carriers are
made equally liable to their employees
as are the common carriers. The final
section protects suits which have been
| brought in the territories and the .Dis-
trict of Columbia under the act Of
June II, 1906, ii being contended by
the employees that that act is still in
] tact in those jurisdictions