Mexico weekly ledger., 1922-10-19
Proposed. state Compensation and Per-
sonal Injury Law by Initiative
Petition.

That Al the general election to be held
the State Of Missouri. on Tuesday,
ovember Z, 1922, there shall be submit
d, for adoption or rejection, to the cleo
RS Of the State of Missouri, h follow
g proposed State Compensation and
Injury Law, to-wit:
N ACT to provide for damages in ac-
lions against any employer for causing
the injury or death Of any employee,
and for damages In actions for per-
sonal injuries; abolishing the common
law doctrine and defense of clio serv-
ant In all actions against any employer
for damages for causing the injury or
death Of any employee; abolishing the
common law doctrine and defense of
co%ntributory negligence, in all actions
to recover damages for causing the In
Jury or death Of any person and en-
acting in lieu thereof the law of COM
parative negligence; amending the COM
mon law doctrine of assumption of risk,
and providing in all actions that assump-
ton Of risk shall be a question Of fact
md shall be left to the jury; making
void any contract, rule, regulation or
device contrary to the provisions of this
act; providing for pleading in actions
for damages for causing the injury or
death of any employee; providing for
maintaining an action in this state on a
cause of action arising in another state
where any person has sustained an in
jury which results in death and when
such cause survives; providing for adj
~vancing on the docket of the Supreme
Court and the Courts of Appeals all ap-
peals now pending, or that may here
after be taken in all actions to recover
damages for causing the injury or
death Of any person; providing that If
any section, sentence, clause or phrase
of this act should be held unconstitu-
tional, such decision shall not affect
the validity of the remaining portions
of this act; repeating the law known as
the Workmen's Compensation Act
passed by the Fifty-frst General As
sembly, and approved On the 2Sth day
of March, 1921, and repeating sections
4217, 1918 and 1919 of Article l of Chap
ter rs, Revised Statutes Of Missouri,
1919, relating TO damages in actions for
torts and all other acts and laws and
parts of acts and laws in conflict or in
consistent with the provisions of this
act.
7 it enacted by the people of the State
of Missouri, as follows:
Section /. This act shall be known as
the State Compensation and Personal In
jury Law.
Sec. 2. The common law doctrine and
defense of fellow servant, so far as 1t at
fects the liability of any employer in al
to recover damages for death OIL
injury to his employee resulting from
the acts, omissions or negligence of any
other employee of such employer is for
eve abrogated.
Sec. 8. The common law doctrine and
defense of contributory negligence in al
actions whatsoever, is forever abrogated
and the law of comparative negligence
is hereby enacted In lieu thereof, a n
shall, in all actions, be a question Of fac
and shall, at all times, be left to the jury
Sec. 4. The common law doctrine ant
defense Of assumption Of risk shall, In a.
actions, be a question Of fact and shall
at all times, be left to the jury: provide
that in no action by n employee sha'
he be held to have assumed any risk Q
injury that may result in whole or in par
by a wrongful act. neglect, default or Will
full misconduct Of his employer.
Sec. S. Every person shall be liable |
damages, in such amount as the jury, !
it's discretion, may deem fair and just, t
every person suffering injury caused, l
' ole are in part, by g wrongful &C
H6BIeCI, uSIh VI "llLui hiioS1Aluu@S =
such person, or in case of the death {
such injured person, to his or her surviy
ing widow or husband; and. If nome, or
the surviving widow or husband of sue
deceased person fail to bring such actio
| within twelve months after the death {
such injured person, then to the survivin
| child or children of such deceased persol
whether such child or children be natur;
born or adopted, M where there al
more than one child tho jury shall al
portion the damages awarded for Il
death Of such person, separately to eaC
child in such sums as the jury may dee
fair and just; and IL none, then OF SUI
injured persons parents; and. If non
then Of the next Of kin dependent upC
such injured person, which damages ne
be sued for and recovered in an action
any court OF competent Jurisdiction.
all actions brought against IN such pc
son under or by virtue Of any Of the pr
visions of this act to recover damages I
personal injuries to any person, or whe
such injuries have resulted in the dea
of such person, the fact that such i
Ljured person may have been guilty
contributory negligence shall not bar
recovery, but the damages shall be dimi
ished by the jury, in proportion to t
amount of negligence attributable to su
injured person: Provided, that no Ell
ployee of any employer who may be 1
jured or killed shall be held to have be
guilty of c~ontributory negligence In a
case where the violation by such el
ployer of any law enacted for the safe
Of employees contributed to the injury
death of such employee. Every pers
who shall have a cause of action unc
the provisions of this Act, for any 81
| H-1.--- - az1Ah nz,.rAH In xyE4In Ar
part, by q wrongful act, neglect, defa
or wilful misconduct Of any employer
of his employees. or of both, may at
option bring suit thereon jointly agail
such employer or employee, or separate
against either such employer or g
ployee.
t Sec. 6. That in any action hereaf
brought against any employer unde
, by virtue of any Of the provisions of t
: Act to recover damages for injuries to
the death of any employee Of such e
ployer, any such employee shall not
held to have assumed the risk of his e
ployment in any case where such inil
. or death resulted in whole or in part fr
any wrongful act, neglect, default or v
" full misconduct Of such employer or VIII
the violation by such employer of
law enacted for the safety Of employ
) contributed to he injury or
> such employee.
Sec. z. That in all actions hereai
!, l ought for injury or death every
ployer shall be liable in damages for
Q damages sustained by any employee w
. engaged in the performance Of his du
as such employee resulting, in whole
In part, from any act, omission or ne
gence Of any other employee Of such