Little Falls herald., 1913-11-28
SeHo bSTRGTS ARE LIABLE
FQRsIN8TRUcTORs AND Employ
Ea UNDER NEW ACT. 0P1N-
ION BY ATTORNEY GENERAL

Since the enactment Of the work
mems compensation act in this state
q number of inquiries have been re-
ce;ved at the office of the attorney
general, relative to instructors, iani-
tors. and employees of the public
schools and the liability of the school
districts for disability to such per-
sons. e,-~e
Other questions, such as insurance Of
boilers IN schools by school districts,
auI boiler inspection. Following is an
opinion from the attorney general on
the questions, which were published in
a book Of selected opinions issued by
the attorney general:
Attorney General s Office.
Professor c. H. Barnes, Superintendent
of Schools.
Dear Sir: You ask:
l. "Is it desirable for a school dis
trict to carry boiler insurance2'
9. Does boiler inspection by i re-
liable insurance company exempt the
district from paying for inspection by
a deputy state boiler inspectore'
3. "Is the district liable under the
new workmen compensation law, or
the common law, for damage around
properly safe-guarded manual train
ing machinery to
[a) Employees (janitors and irstruc-
tors
(b) Students working in the shops,
the subject of manual training being
e!cctive9'
/. If the district is liable in either
OF the above cases, have we the legal
right to take out accident insurance to
protect ourselves?''
As your first question pertains pure
" to the administration affairs OF your
public schools, it would seem to be
highly improper for this department to
express its opinion in regard to that
act and it must be left to the good
;udgment Of the Board of Education
Of your city.
Your second inquiry is answered in
the affirmative.
Your third inquiry is more difficult
to answer. This department is, howev er,
cl a,ly of the opinion, and so advises,
that insofar as employees and teach
els and any other persons who work
for the Board for hire (not casualty
school district comes within the terms
OF what is known as the WorkneA 8
Compensation Law, being Chapter 467,
General Laws, 1918. Subdivision Sd"
Of Section 81 of that Chapter in de-
fn;ng who are employers, uses this
language -' s.~.a
::The term 'employer' as used here
it shall every person not exclud-
] Cd rs 6aetion 8, who employs another
to perform a service for hire, and to
whom the employer directly pays
wages, and shall include any person,
CORPORATION, co-partnership or associa-
ton or group thereof, and shall include
county, village, city, town, school dis
triet or other employers, except the
statr.''
Subdivision l Of the same section
rcads as follows:
"Every person in the service Of a
county, city, town, village or school
district therein, under any appointment
or contract Of hire, express or implied,
oral or written, but shall not include
any official of county, city, town, vii
lage or school district therein, who shall
have been elected or appointed for
TCS Efaf Term OF Oulc0 OE " CUE -p10C0
the unexpired portion Of any regular
trrm.'
This, Of course would not apply to
:persons whose employment at the
tinc Of the injury is but casual and
not in the usual course Of the trade,
br~iness or occupation of his employ
er.''
Section 8, Chapter 467, G. L. 1913.
You are therefore advised that EN-.
r;cyees, janitors, instructors and such
others "a may be employed for Lire,
and not casually, within the Language
which I have heretofore used, would be
governed by Chapter 467. The law,
however, does not apply to pupils or
Students as such in the school. They
may. however, come within the law
were they employed for hire, (bat not
casualty
Yoar fourth inquiry is answered in
the affirmative.
Yours truly,
JOHN G. NErHAWAY,
Assistant Attorney Geaeral'
October 20, 1919. .