Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-14
Employers Liability and
Workn1a,'s Compensation Act

both b subject 70 the control and d.
rection OF tho same general master and
that they must both be engaged In The
same common pursuit: both OF these
things had to concur in order that the
fellow servant rule" might be de-
Tense for the employer. Altho this
rule Is easily stated it was very diff.
cult to apply.
The voluntary assumption OF risk
means that the employer assumes the
risk Of injury from dangers and de-
fects which are 10 obvious that he
either knew or in the exercise Of or
binary care should have known OF
their existence. but he has a right to
rely upon the obligation resting upon
the master to exercise reasonable care
to see that the place, fixtures or appli-
ances are At and safe; therefore, he is
under no primary obligation to investi-
gate for latent defects and test the fit
ness and safety Of the place, fixtures or
appliances provided him by the master.
Suppose q machine was defective and
the employee consented to work with it
knowing of its danger in such case
he IL said to have voluntarily assumed
the risk and so can not recover for an
injury caused thereby. AS matter OF
practice it was found that employees
would often have to assume the risk
without complaint or lose their Job
and so the law presumed that the en-
ployer did not assume the risk unless
it was obvious and this would have TO
be shown afflrmatively by the employ
er. This doctrine though easily stated
also was very difficult to apply and
usually depended on the jury's decision
in the last analysis.
What Employers Liability Means.
During recent years workmen have
taken the attitude that the employer
should not only be deprived OF these
three defenses but that he should be
absolutely liable whenever an injury
occurs regardless Of who was to blanc
for the injury. In short. the employ
ers' liability and workmens compen-
sation act means that an employer Is
absolutely liable whenever an employe
is injured regardless OF who was at
fault unless the injury was wilful.
"Employsr" and "Workman" Defined.
The term employer includes and
applies to ANY person. firm. associa-
ton or corporation. and includes state.
counties municipal corporations, cities
under special charter and under COM
mission form OF government and shall
include school districts and the legal
representatives Of deceased employer,
and whenever necessary to give effect
to this act, 1t includes principal or
intermediate contractor"
The term workman" Is used syn.
ononous with "employe" and means
amy person who has entered into tho
employment of, or works under con-
tract OF service, express or implied. or
apprenticeship for an employer, except
a person whose employment IL purely
casual and not for the purpose for the
employers trade or business or those
engaged in clerical work only, but cler-
ical work shall not include one who
may be subjected to the hazards OF
the business or one holding an Official
position or standing In representative
capacity Of the employer. or an official
elected or appointed by the state.
county, school district. municipal cor
poration, cities under special charter
and commission form OF governments.
Provided. that one who sustains the
relation Of contractor with any per-
son, firm, association, corporation or
the state, county, school district. mu-
nicipal corporation. cities under spec
ial charter or commission form OF gov
eminent, shall not be considered as an
employe thereof"
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Workmen's Compensation Act. CD.