New-York tribune., 1910-11-05
JUDGE BALDwINs OPINION
Narrow, Strict and Retrogressive
View of Co-Servant Rule.
+re Editor of The Tribune

To the Editor Of The Tribune
Sir: Your editorial comments on the
euinion Of Judge Baldwin in the case OF
Eoxie y y. Y. y. H & H r. r. Co. are
justified by the fact. No one can read ms
opinion in this case without being con-
WINGED that Judge Baldwin believed in the
Justice of the so-called co-servant rule. oE
which an employe was prevented from re-
covering from his employer for an INJURY
caused by the negligence of a co-empioye'
and that he Furthermore believed that any
statute which would prohibit the MAKING VI
a contract between employer and emplose
exerrpting the former from hablhiy 10 inc
enpIove for personal injuries resul'lls
from the negligence Of the employer "oulu
be unconstitutional interfering WIN IRE
dom Of contract and thereby depriVing Ille
nar-ies Of their liberty and property WITH
out due process of law
These views are narrow. strict and ret
-ograestve and are in conflict with the more
humane and progressive view taken OF TINS
s,,b,ec- bv the Court OF Appeals OF TINS
s.are In the case Of Johnston Y. Fargo
1s- Y Y. 379 our highest Appellate CouiI
held that an agreement relieving an EN-
r5lover from liability to an emploNe Ao'
personal injuries resulting from the mes
zence of the employer was vold as asains'
public policy and IN discussing the lnEaliu
lry Of such contracts said Cper Gray J-) d.
page 3s4:
The theory Of their invalidity is in the ne
ir77nortance 20 the state that there sildii "
no relaxation OF the rule OF law WHICH - -
1-osae the dutv of care on the part or the
errnIover toward the employed. Inc StaSc t
< Interested in the cOnSerY auon OF uie - -,
and Of the healthful vigor OF It's cIll.el., 80,
80 = er1nlovers could contract away thelr
~ssponsibility al common law II Woul9 Lenu aIi
10 encourage on e Iheir pa,,,a pa. % - tbe main
G-c- in 4 not an indifference TO- iie IIia
te7sure cf proper and reasonaDle SAT-
r-a~ae 10 human life ana nlnp- me o 80
- -esuonsibility AT common law Is as JUS
- ! --r-rr and the interest Of the stale
IN rs maintenance must be assumed; i ioI - -
roIfcv has in recent years. oe+n z. @ i,,,c
a The progressive enactment OF MANY "a - =
-.b5-+ -egIlisre the employment OF chllo eLt
a-T ne hours Of work ana impose suICs
conditions with reference 10 tle saLelt -
reasrhfrI}ness Of the surrouIlulhes u 80, -
.--5I7,-rd In the factory and IN the shop'
80 s,,7~Ioyer and the employed. IN theory, :,
go mon eoflai terms: but practcaily ma ma
--.-Lr,an may be driven oy neeu, oL ~
49,, ne ignorant. or OF lrnpI oN lueILC H. c - .
10 = Is therefore. for the interest," OF
--,,,,7T,,frz- that there should De no
s1,r-,rs cement for any rela1aton On On tIie his
arrrI0ver'S part in ms Gu1Y OF 70 ~ ;
80 <o- the safety Of MS employ - &c. 20
-tz,- ~ contract may be SAID 10 De al
ferred bv the denial Of me rlgII -, ~ ~ ~
sf5ch agreements lS TBet uS tt tlc - - rr,irh
- restriction is but sa luIaTE one, - -,
co1--gsrized society exacts for the surer o pLoo
teton Of its members. Whiie II bo Is u die He
mar the Individual may be the one w, -, -
-er-I- IS interested IN the ma ahIns ;L % 80
6 ~rrr-arr Indirectly the state, belng cUI-
e--ed for the welfare Of all its tIa r,Iie
se Interested n the maintenance OF tLle , -.
= 5ir,7i--- and in its enforcement by the
courts.
Judge Grav's views constitute a compete
.-e-,-sr 70 ne views Of Judge BALDWIN on
+rfz subject. and no one will deny ina.
+pev represent higher spirit Of justice ana
humanity ,.,
~ew York. Nov I. 1910.