The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1916-02-16
RAILROAD LIABILITY BILL.
Common Carriers Required to Remu.
nerate Employees for Injuries Re-
ccived While at Work.


Columbia Feb. 12.-After being in
termittently, but thoroughly debated
throughout the day and following the
adoption of several amendments to it
and the killing of mass of others, the
house late yesterday afternoon pass
ed the Padgett bill, providing for the
liability of railroads for injury to en-
ployes, from second to third reading
by a vote of SO to 33.
The full text Of the bill as passed
and amended follows:
THAT every common carrier by
railroad, while engaged in commerce
within the State of South Carolina,
shall be liable in damages to any
person suffering injury while he is
employed by such carrier in such
commerce, or, in case of the death
Of such employe. to his or her per-
sonal representative, for the benefit
Of the surviving widow or husband
and children Of such employee: and,
If none, Of such employees parents;
and. If none. then to the next Of kin,
for such injury or death resulting in
whole or in part from the negligence
Of any Of the officers, agents, or en-
ployes Of such carrier, or by reason
Of any defect or insufficiency, due to
its negligence, in it's cars, engines,
appliances. machinery, track, roadbed,
works, boats. wharves or other equip
iment. And in such action the jury
may give such damages as they may
think proportioned to the injury or
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the parties respectively, for whom and
for whose benefit such action will be
brought; and the amount SO recovered
shall be divided among the before
mentioned parties, in such shares as
they would have been entitled to If
the deceased had died intestate and
the amount recovered had been per-
lsonal assets Of his or her estate.
Sec. 2. That in all actions hereaf-
ter brought against any such COM
mon carrier by railroad. under or by
virtue Of any of the provisions Of this
act to recover damages for personal
injuries to any employe. or where
such injuries have resulted in his
death, the fact that the employe may
have been guilty Of contributory neg
ligence shall not bar a recovery, but
the damages shall be diminished by
the jury In proportion to the amount
of negligence attributable to such
employe: Provided, That no such
employe who may be injured or kill
ed shall be- held to have been guilty
of contributory negligence in any
case where the violation by such COM
mon carrier Of any statute enacted for
the safety of employees contributed to
the injury or death of such employe
Sec. 3. That in any action brought
against any common carrier under or
by virtue Of any of the provisions of
this act to recover damages for in
juries to, or death of, any Of it's en-
ployes, such employees shall not be
held to have assumed the risks Of his
employment in any case where the
violation by such common carrier of
any statute enacted for the safety of
employees contributed to the injury or
death of-such employees.
Sec. 4. That any contract, rule,
regulation or devise whatsoever the
purpose or intent of which shall be to
enable any common carrier to ex-
empt itself from any liability created
by this act, shall to that extent be
void: Provided, That in any action
brought against any such common
carrier under or by virtue of any of
the provisions of this act, such COM
mon carrier may set off therein any
sum it has contributed or paid to any
insurance, relief benefits, or indemnity
that may have been paid to the injur-
cd empioye or the person entitled
thereto on account of the injury or
death from which said action was
brought.
Sec. 5. That no action shall be
maintained under this act unless COM
menced within two years from the
day the cause of action accrued.
Sec. 6. That any right of action
given by this act to person suffering
injury shall survive to his or her per-
sonal representatives for the benefit
of their surviving widow or husband