Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-06
injury, is in the exercise of due care, by

or of a person in his service who hat
been entrusted by him with the duty OF
seeing that the ways. works or ma
chinery were in proper condition; or.
Second, that the negligence OF a per
son in the service of the employer VINO
was entrusted with and was exercising
superintendent and whose sole or prln'
cpal duty was that of superintendent
or in the absence of such superintendent
of person acting as superintendent with
the authority or consent of such EN-
ployer. :.
Third, the negligence of person IN
the service of the employer who was IN
charge or control of signal, sWltcn
| locomotive engine or train upon rail-
road;
The employee or his legal representa-
tives. shall subject to the provisions OF
the eight following sections, nave me
same rights to compensation and OF &C
ton against the employer as II ne mao
not been an employee nor In the service
nor engaged in the work, OF the employer
| A car which is in use by. OF which is
in possession of, railroad corporation
| shall be considered as part of the ways,
| works or machinery of the corporation
which uses or has it in possession, WITHIN
the meaning OF clause one of this section,
| whether it is owned by such corporation
or by some other company or person.
One or more cars which are i'll motion,
| whether attached to an engine or not,
| shall constitute a train within the mean
| ing of clause three of this section, ana
| whoever, as part OF his duty Tor the
time being, physically controls Or directs
| the movements of a signal, switch, loco
| motive engine or train shall be deemed
| to be person in charge or control of Il
signal switch. locomotive engine or tram
| within the meaning of said clause.
| Section 2. If the injury described in
! the preceding section results in the death
| of the employee, and such death is not
instantaneous or is preceded by conscious
| would have been entitled to bring an &C
ton under the provisions of the following
| section, the legal representatives of said
employee may, in the action brought I'M
| der the provisions of the preceding sec
| ton, recover damages for the death In
addition to those for the injury.
! Section 8. If, as the result of the neg
| ligence of an employer himself, or of
! person for whose negligence an employer
! is liable under the provisions of section
| one an employee is instantly killed, or
dies without conscious suffering, his wild
ow or, if he leaves no widow, his next
| of kin, who, at the time of his death,
| We're dependent upon his wages for sup
port, shall have right of action for
| damages against the employer.
Section 4. If, under the provisions of
either of the two preceding sections,
damages are awarded for the death, they
shall be assessed with reference to the
degree Of culpability of the employer or
of the person for whose negligence the
employer is liable.
The amount of damages which may be
awarded in an action under the provisions
of section one for a personal injury to
an employee, in which no damages for
his death are awarded under the pro-
visions Of section two. shall not exceed
four thousand dollars.
The amount of damages which may be
awarded in such action, if damages for
his death are awarded under the pro-
visions of section two, shall not exceed
five thousand dollars for both the injury
and the death, and shall be apportioned
by the jury between the legal representa-
tves of the employee and the persons
who would have been entitled. under the
provisions of section three, to bring an
action for his death if it had been in
Simultaneous OF without conscious suffer-
ing;
awarded in an action brought under the
provisions of section three Shall not be
less than five hundred nor more than five
thousand dollars.
Section s. No action for the recovery
of damages for injury or death under the
provisions Of sections one to four, inclu-
sive shall be maintained unless notice
of the time, place and cause OF the in
jury is given to the employer within sixty
days, and the action is commenced with
in one year, after the accident which
causes the injury or death. Such notice
shall be in writing, signed by the person
injured, or by person in his behalf;
but if from physical or mental inca
pacity it is impossible for the person in
jured to give the notice within the time
provided in this section, he may give it
within ten days after such incapacity has
been removed, and if he dies without hav-
ing given the notice and without having
been for ten days at any time after his
injury of sufficient capacity to give it,
his executor or administrator may give
such notice within sixty days after his
appointment. A notice given under the
provisions of this section shall not be held
invalid or insufficient solely by reason of
an inaccuracy in stating the time, place
or cause of the injury, if it is shown that
there was no intention to mislead, and
that the employer was not in fact mis-