The Republican journal., 1909-04-08

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 in motion,
whether attached to an engine or not,
shall constitute a train within the mean
whoever, as part of his duty for the
time being, physically controls or directs
the movements of signal, switch, loco
motive engine or train shall be deemed
to be person in charge or control of u
signal switch, locomotive engine or train
within the meaning of said clause.
Section q 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
suffering, and if there is any person who
would have been entitled to bring an ac-
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 3. If, as the result of the neg
ligence of an employer himself, or of a
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,
were dependent upon his wages for sup
port, shall have a 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 personal injury to
an employee, in which no damages for
his death are awarded under the pro-
nf Ch1 ut
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-
tiVeS 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 or without conscious suffer-
ing.
The amount of damages which may be
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 ). 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 a 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 hay
ing given the notice and without having
if1a al jS
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 mSead, and
that the employer was not in fact mis-
led thereby.
II notice given under this section is
claimed by the employer to be INSULT
Gent for any reason he shall so notify
in writing the person giving it within ten
days, stating the insutliciency claimed to
exist, and thereupon the person whose
duty is to give the notice may, within
thirty days, give a new notice with the
same effect as if originally given.
Section t. If an employer enters into
contract, written or verbal with an
Independent contractor to do part of such
employers work, or if such contractor
enters into contract with a sub-con-
tractor to do all OF any part of the work
comprised in such contractors contract
with the employer, such contract or
sub-contract shall not bar the liability of
the employer for injuries to the en-
ployees of such contractor or sub-con-
tractor, caused by any defect in the con-
dtion of the ways, works, machinery or
plant, if they are the property of the
employer or are furnished by him. and if
such defect arose, or had not been discov-
cred or remedied, through the negligence
of the employer or of some person en-
trusted by him with the duty of seeing
that they We're in proper condition.
Section I. An employee or his legal rep
resentatives shall not be entitled under
the provisions Of section one to four, in
elusive, to any right of action for dam
ages against his employer if such en-
plOyee knew of the defect or negligence
which caused the injury, and failed with
in reasonable time to give, or cause to
be given, information thereof to the EN-
ployer, or to some person superior to him.
self in the service of the employer who
was entrusted with general superntend-
ence.
Section 8. The provisions of the seven
preceding sections shall not apply to inju-
ries caused to domestic servants or farm
laborers by fellow employees or to those
engaged in cutting, hauling or driving
logs.
Section g. Nothing in this act shall be
construed to abridSe any common law
rights or remedies which the employee
may have against his employer, but d
Judgment recovered under the provisions
of this act, or q settlement of any action
commenced or claim made for death or
injury under the provisions of this act,
shall be bar to any claim made or
action begun to recover for the same in
jury or the same death, under the provi-
SionS of the common law or under the
provisions of any other statute.-(Ap-
proved April p
Chapter 259.
An Act TO amend Section forty-one of
Chapter nine, of the Revised Statutes,
as amended by Chapter siXty-nine, Sec
ton one of the Public Laws of nineteen
ton and payment of County Taxes by
the State Treasurer.
Section forty -one of chapter nine of the
revised statutes as amended by chapter
siXty-nine, section one, of the public laws
of nineteen hundred and five is hereby
amended by striking out all after the
word assessment in the eighth line
thereof and inserting in it's place the fol-
lowing: when collected by him and shall
certify and pay to said county treasurer
the amount of tax and interest so col
lected on or before the last day of April
August and December, and so much of
said tax and interest so collected as may
be necessary is hereby appropriated to
pay the same to the several county treas
urers, and the governor and council are
hereby authorized to draw their warrants
for the same as above provided so that
as amended said section shall read as
follows:
Section a. Such lands may be assessed