The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-11-03
FEATURES OF PECK BILL
Radically Different from Gordon En-
ployer's Liability Measure

Montpelier, Nov 3.-The employers
liability bill introduced yesterday by
Mr.. Peck OF Burlington differs radi-
cally from the one introduced in the
Senate by Senator Gordon of Wash
ington. Mr.. Gordon's bill makes the
emp oyer liable for negligence of
himself, officers, agents or employees,
that is, il makes the employer liable
for the negligent acts Of "A fellow ser
want whether the employer himself
was negligent or not. 1t also pro
vides that if the clploye contributes
by his own negligence to the injury,
he may recover when his negligence
was slight and that of the employer
was gross in comparison, and that
the Jury shall hnd how much the
damages should be diminished by the
emp Dyes negligence.
1t further provides that the assump-
ton of risk and contrbutory negli-
gence shall be put upon the employer
as matters OF defense. The above
practically revolutionizes the law and
says in effect that the employer is
! guilty and he must prove his innoc-
ence-instead of, as in all other eau
SEES, putting upon the plaintiff the
burden of proving his claim.
Mr.. Peck's bill does not do violence
to the law, as it is now and always
has been, as to where the burden of
proof lies. 1t gives a right of action
to the employe or his legal represen-
tatives when the employer, or one
who is his superintendent, or acting
as such superintendent is negligent
in respect of. the ways, works or ma
chinery connected with the employ
er's business.
1t also provides for a right of ac-
ton against the employer when in
jury is due to the negligence of per
son in his employ, who is in charge
or control of signal, switch, locomo-
tive engine, or train upon railroad.
1t describes a car in use by a rail
road, as part of such ways, works or
machinery of the employer 1t pro
yides that If injury results in death
not instantaneous, and is preceded by
conscious suffering, the legal repres-
entatives may bring an action for
damages for the death in addition to
those for the injury. And it also pro
vides that in case of instant death
without conscious suffering the wild
ow of the injured person or next OF
kin who were dependent upon his
wages for support, shall have a right
of action.
1t provides for notices TO be giveT
the employer, and II the injured mar
isunconscious he shall have ten day!
after recovering consciousness within
which TO give such notice II pro
vides that If the employer contracti
with another person to do his work
or if such contractor contracts witt
a contractor, the employer shall b.
liable If the injury is caused through
any defect in the ways, works or ma
, chinery of the employer or IL sue
!, defect arose through the negligence
? of person entrusted by the employ
I, or with the duty of seeing that the
, were in proper condition.
IL provides that the rights give
q to the injured man under this &C
. shall not abTidge any of his right
= or remedies at common law. but tina
: judgment under the one, shall hay
= a recovery under the other.
1t provides that in case Of an II
jury the party injured, may apply I
person to visit and inspect the way
= works and machinery when the Il
i" jury happened and the Judge ma
q grant an order for this purpose.
J. Peck's bill follows the Maine la
- with some additional features OF II
Massachusetts law on this subject
!. these have been considered to be ia
. towards both employer and employe