Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-10-15
EMPLOYERS LIABILITY ACT.

The wonderful growth OF the indus
trial and transportation business OF
his country, the vast and constantly
Increasing amount of corporate wealth
centralized in those activities. the
great army OF laborores engaged there
H. and the startling number of work.
men annually killed or manned for
life as IA sacrifice to our commercial
prosperity presents situation ,in-
known to- and not contemplated by.
the common law governing the re-
lative rights and liabilities of master
and servant
realization Of this fact has result
ell In the passage by the Federal Com
sress and by most Of the state Legis.
latures. Of statutes known as En-
ployers Liability" acts that so modify
tho riGOr OF the common law OF mas
ter and servant as to adapt It to tho
demands of justice in our changed In
dustrial conditions
!. Under the existing law. II an
employee Of railroad or Of nnv OF
our great industrial corporations, Is
killed or injured by tho combined neg
l!gence of himself and his employer.
however. gross the negligence of the
latter may be. recovery of damages is
barred. In the words of our supreme
court. II the employee is guilty Of
contr!butory negligence "in the least
degree, there can be no recovery
The mere statement OF this propo-
s!tion demonstrates the injustice of
that feature of the existing law az ap-
piled to our present Industrial situa-
tion.
2. Under the existing law, If an en-
ployee is killed OF injured by the neg
ligence OF fellow servant no recov-
cry can be had. unless It can be shown
that the employer failed to exercise
reasonable care to insure the compe-
tency OF the offending fellow servant
This also Is unjust in view OF our
present industrial conditions and tends
to induce less vigilance on the part
of corporations In the employment OF
competent men. In other departments
Of business an employer is held res
ponsible for the acts OF his employee
done within the scope Of his employ
mcnt. and there Is no just reason why
the Same doctrine should not prevail
as between master and servant in res
poet Of the acts Of a follow servant
Moreover, the existing fellow-servant
law affords tho various labor organi-
zations very reasonable ground for
Insisting that their employer shall en-
gage as their fellow servants only
members OF their order: for. II they
are substantially without remedy
when injured through the carelessness
Of their fellow servants. they should
be consulted. they may well argue, az
TO the character and ability OF those
with whom they ere compelled 70
work.
An employers liability law should
be passed, applicable to all corpora
tons organized or doing business In
this State. which shall at least remedy
the two Objectionable features OF the
existing law to which reference has
just been made and should provide.
First: That In all actions by Il servant
or his representative. for death or In
1uries resulting from corporations
alleged negligence, "contributory neg
ligence" shall not bar recovery, but
shall go only in mitigation OF damag-
es: any contract to the contrary not
withstanding. Second: That In all
such actions. the fact that the injury
complained OF resulted from the care
lessness OF fellow servant shall be
no defense; any contract to the con-
trary Notwithstanding.
PUBLIC SERVICE COMMISSION.
The law passed during the last ses-
sion OF the Legislature p.Ividing for
the regulation OF railroads and the
k.Il hlp.r - astp haa