The Somerset reporter., 1909-04-08
A car which Is In use by. or which Is

whether ii 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 train within the mean
ing of clause three of this section and
whoever, as a part of his duty for the
time being, physically controls or directs
the movements Of "A signal, switch, loco
motive engine or train shall be deemed
to be Il person in charge OF control Of a
signal, switch, locomotive engine or train
within the meaning Of said clause.
Section 2. IL 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 VINO
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 un-
der the provisions Of the preceding sec
ton, recover damages for the death in
addition to those for the injury.
Section 3. IT, as the result OF the neg /
ligence OF an employer himself or OF
person for " hose 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 a right Of action Tor
damages against the employer. 4
section l. If, under the provisions of
either Of the Two preceding sections,
damages are awarded for tie death. they
shall be assessed with reference to the
degree Of culpabllity 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-
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 apportoned
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 1t 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 8. 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 u person in his o"Ss~AS
bnt il FROM physical or meDi~.
pacity it is impossible for the person IN
iured To give the notice within the tim"
provided in this section, he may give IL
within ten days after such incapacity has
been removed, and II he dies without nav
ing given the notice and without having
been for ten days at any time after his
injury Of sufficient capacity TO give IL,
his executor or administrator may give
such notice within sixty Gays after his
appointment. y notice given under tn"
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 1t Is shown that
there was no intention to mislead, and
that the employer Was not in fact mis-
led thereby
If Il notice given under this section is
claimed by the employer To be INSULT
cient for any reason he shall so notify
in writing the person giving 1t within ten
days, stating the insuilictency claimed TO
exist. and thereupon the person whose
duty is To give the notice may, within
thirty days, give new notice with the
same effect if originally given.
Section o. If an employer enters into
Il contract written or verbal, with an
Independent contractor to do part of such
employers work. OF ii such contractor
enters into contract with a sub-con-
tractor To do all or 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 10 the en-
ployees of such contractor or sub-con-
tractor. caused by any defect in the con
dition 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 dlscoN-
cred or remeded, 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 / An employee or his legal rep
resentatives shall not be entitled under
the provisions of section one 10 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 a reasonable time To give OF cause to
be given. information thereof to the en-
poyer or to some person superior to him
self in the service of the employer who
was entrusted with general superintend-
ence. -,
Section s. The provisions of the seven
pre- ceding sections shall not apply To inju-
ries caused to domestic servants or farm
laborers by fellow employees, or To those
eLgaged In cutting, hauling or driving
logs.
Section g. Nothing in this act shall be
construed to abridge any common law
rights or remedies which the employee
may have against his employer, but Il
Judgment recovered under the provisions
of this act. Or a settlement OF any action
commenced or claim made for death or
injury, under the provisions OF this act.
shall be a bar To any claim made or
action begun to recover for the same in
jury or the same death, aInder the provi-
sions of the common law or under the
provisions of amy other statute.-tAp-
proved April -
Chapter 259.
An Act 10 amend Section forty-one Of
Chapter nine, of the Revised Statutes,
as amended by Chapter siNty-nine. Sec
ton one of the Public Laws of nineteen
hundred and five. relating To the collec-
ton and payment of County Taxes by
40 Treasurer