The Bridgeport evening farmer., 1911-07-13

In the Senate Tuesday the joint | special committee consisting of the | judiciary. and labor committees, re- ported an employers lia bility and workmen's compensation bill. It is a | majority report. It is understood | that the provision relating to the principle of the assumption of risk 1 does not meet the approval of the
 minority of the committee and that | when the bill comes up in the Senate for discussicn an amendment will be
 moved to it covering the objection of | the minority. It is said that the mi l nority of the joint committee who | dissent from the majority consists of l Senators Judson and Dickerman and Representative Etheridge of Thomas
 ton. The bill abolishes, the fellow
 servant law, about which there has been so much contention. The em- possibility because the accident was caused by a co-employee or fellow servant of the plaintiff.
 The Bill.
 The bill in full as reported is as l follows:
 Be it enacted by the Senate and House of Representatives in Gen. eral Assembly convened:
 Part A.
 i Section 1. In action brought against an employer for personal ln- juries from accidents arising out of and in the course of his employment, | the defendant shall not be relieved fact that the injury was caused in whole are in part, by the act or neg | ligence of a co-employee or fellow servant of the plaintiff.
 Ia 1ac, been guilty of conrributory negli- gence. but the negligence of the plaintiff is less than that of the de- fendant, the plaintiff shall recover but his recovery shall be reduced in proportion to his fault
 Sec. 3. The burden of proof of such contributory negligence shall be upon the defendant
 Sec. 4. In any such action the de- fendant shalll not be relieved from responsibility on the ground that the injured employee assumed the haz- ards or risks necessary or inherent in the employment or incidental thereto. In such action the defen- dant shall not be relieved from lia- bility for any act or default by req son of the fact that the employee had expressed or implied ootice. or as a matter of fact saek of the dan ger or ability to accident causing such injury, or of the defect of the plant, machinery or apparatus causing such danger, and continued in his employment, unless it shall appear that the defendant was ignorant of such danger or defect, and. that the employee knew of the defect and failed unreasonably to inform the en- ployee thereof Information given to any superintendent or person having supervision or charge of the plant or machinery or the operations thereof, shall be notice to the employer.
 Sec. 5. The provisions of Part A shall not affect any pending suit nor any suit hereafter brought Tor the results of any injuries occurring be- fore this act takes effect.
 Sec G. Part A of this act shall not affect the relations or liabilities of employers to employees not engaS- ed in trade, business or manufactUr- ing. carried on for the purpose of ob- taining profit. nor to those engaged in agriculture. horticulture. land scape or other gardening, domestic service or casual employment.
 Part B
 Section l. Part A of this act shall not affect the liability of any em- ployer who shall give notice in the vided of his consent to be bound by the provisions of Part B of this act. In case of such notice of consent and not otherwise, said,' employer, shall be bound and liable in accordance with the provisions of Part B.
 Sec. 2. The notice of consent to be bound by the provisions of Part B shall be given by the employer by writing duly signed by him, and filed with the insurance commissioner, stating that he elects to be bound by the provisions of Part B of this act. Such notice shall be stamped by the insurance commissioner with the date or receipt and filed and kept by him. Such consent shall not be revocable except by similar notice, and shall not be revocable at all except after the period of six months from such notice of consent.
 Sec. g. The liability under the pro- visions of Part B shall continue. not withstanding the revocation of such consent. for all accidents or injuries received after such notice of consent and prior to such revocation.
 Sec. 4. If any action shall be brought against an employer on ac count of any personal injuries to any workman resulting from any accident arising out of or in the course of his employment, except in accord ance with the provisions of Part B. the bringing of said action shall be deemed a surrender of all rights un- der the provisions of Part B by the person by whom or on whose behalf such action shall be brought.
 Sec. 5. When any workman shall have received personal injury from any accident arising out of and in the course of his employment, the employer shall be liable and shall pay therefor to the extent and in the manner hereinafter provided, un- less said accident or personal injury is attributa ble in whole or in part to the intoXlcation or serious or w1lful misconduct of the workman.
 Sec. 6. When any principal em- ployer in the course of his trade or business, and in the operation there of, procures any work to be done in whole or in part for him by a con- tractor, or through him by a sub-con- tractor, and said work is performed in. on or about premises under the control of the principal employer he shall be liable for damages resulting from personal injury caused by any accident in the same way as if the work were done without the inter- vention of such contractor or sub-con- tractor. Nothing herein contained shall prevent the workman from electing to bring an action against the contractor or sub-contrac for any such damages for which he may be lia ble at law. in which case the prin- cipal employer shall be relieved from for such injury under the provisions of Part B. When the principal employer is liable to pay compensation under this section. he shall be entitled to be indemnified by any person who would have been li- able to pay compensate to the work man independently of this section.
 Sec. 2. No compensation shall be