Page:Employers' liability.djvu/15

11 each servant has a voice in the matter. The master hiring a servant says, "Here is your work, here are your fellow servants, work for me or not as you please." The servant may say, "I do not please so long as so-and-so is in your service, for he is negligent."

There is then no general rule which makes one man liable for the negligence of another. The general rule is the other way. There are exceptions. The case of one servant injuring another is not within those exceptions nor the reason of them, but the contrary. It has been said the servant contracts himself out of the right to compensation. It would be better to say he does not contract himself into it. He can if he and his master agree. Nay, he can stipulate for compensation where there is no negligence. He does not contract that his case shall be an exception to the general rule that a man is not liable for the acts of another. There is no injustice in this. There is in the proposition the other way. For no one can doubt that the dangers of an employment are taken into account in its wages. No one can doubt that the unpleasantness and risk of a miner's work add to his wages. Put sixpence out of his daily wage of five shillings as being on account of that risk, a sum which he may save or use as a premium of insurance. What is the proposal of those who would make the employer liable but this, that the servant shall keep the premium in his own pocket and yet treat his master as the insurer. I do not believe that this is under-