The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-02-25
GRAYDON BILL DEFEATED,
House Kills Measure to Declare Law
Relating to Actions for
Damages.

Senator Graydon' bill to declare
the law in actions for damages, the
fellow servants liability bill, was
called mp in the house and Mr.. Milcy
made IN" first speech in It's favor. IT
was also supported by Mr.. Tompkins,
Mr.. Dixon and others.
Mr.. Carey made vigorous legal
argument against the bill. asserting
that II is moi constitutional.
There were numerous other brief
arguments on the bill and, although
the discussion was not aS PROLONGED
rs il was in the senate on this bill,
the fight was just as warm but on
Mr.. Nash's motion to strike out the
cnarting words the vote was 50 to 2S
and the bill was killed. The vote was
as follows:
NcaS-Sprakcr Whalcy, Arnold,
Aull. I'ialry. Ballcntinc, Banks, Beat
Tie. Rcthunc. \. G. Brico T.. S. Bricc
". ID. Bryan. Cannon. Carey. Carri-
can. Carson. Carwilc, ,Clary ( ,Clinkscalcs
C"thran. Cox. Cutler. Dick, Din"la.
D"ar. j. b. Dold, J. II. Dodd. Doug
lass. D"wlin", Eprs, Frost. GarriS.
W. }. Gibson. GlaSScnrk. Greer. Hall.
Harris. Harrison. llcmphill. Hinton.
lIvdrick. .J"iunStnnr. Jones. krllahan.
! kirvrn. Lane. Lawson. Lester. I.c-
warr. Little, McColl. MrI\rown. Me-
Master. Mann, Miller. Morrcll. Nash.
NrShit. Nicholson, Nivcr. Norton.
Parker. Patterson. RcavcS, Richards
son, Robinson. Ruckcr. Sawyer. Sayc,
Scarborough. Sellers, Slaughter. J. +.
Smith. Spivcy, Stubbs. Wander Horst
Werner, Walker. Wannamakcr. Wig
gins, Wimberly, Wingard, Woods,
Wvche--S2
Nays--Aycr, Boyd, Rrantlcy. T.. NJ.
Bryan, Cannon, Courtney, Croft, Dix
ON, Gyles, Hardin, Harman, Hughes,
k2rshaw. L'itncr. Milcy. Nichols,
Richards. Scru""S. ID. l.. Smith.
kurtz u. Smith. Stillwcl. Tatum,
Todd, TompkinS. Wade, Ycldcll, You
manS-2S.
Pairs'-tiary, aye. with Durham, no..
The bill, which was killed and
which was the cause of such warm
fi"ht in both senate and house. is as
follows:
Section |. That il every action by
an employee, his executors or adj
| "a t,>r I.
the wiltul or wrongful act. default or
neglect of the common carrier by
whom lie is or was employed, recov-
a"y shall not be defeated on accouri,
o; the coElributory negligence Of
<ueh employee; but the jury shall
fake :ntc consideration all the facts
and circumstances of the ease and
appoi tioA the verdict in accordance
with he negligence or default of the
parties.
Section .. That in every action for
damages caused by the wrongful Of
'H...l' act 'r!H'ii or nr!.i.rncc nf
ti,." = if the ;rilr> hr caused hv
'r ct or ON. : IL ,f 4 ir..t..v -
- " the ra' injured. Az ..:;'
fellow servant is Il superior agent or
officer. or person having right Ia
control or direct the services of the
party injured, whether so exercising
the right at the time Of the injury or
not. or fellow servant engaged in
another department of labor, or en-.
gagged about different piece OF
work. the party injured or his rop
rcScniativc shall recover such dam
ages thcrcfor as the jury may assess
upon consideration Of all the facts
and circumstances of the ease.
Srctioa ;. All Acts or parts Of Act.
Inconsistent herewith are hereby re
pralcd
Section t. This Act shall be rumu
lativc of the remedies now existing