Page:Employers' liability.djvu/17

13 negligence of a fellow servant, or in respect of any hurt or injury the servant may receive in the service. So that the difference in the law, if changed as proposed, would be this. At present the master is not liable, unless he agrees to be; on the change he would be unless he and the servant agreed he should not be. For I suppose it is not intended to forbid the master and servant contracting themselves out of the law. That is to say, if a man prefers to take 5s. a-day and no liability for accidents, rather than 4s. 6d., and the master prefers the former terms, it is not, as I understand, proposed to prevent their entering into a binding agreement to that effect. That would be a most mischievous interference with the freedom of contract, and would give rise to gross injustice and fraud on the master. I cannot suppose anything so outrageous, and proceed to consider what will follow if the liability is optional, but to exist where the parties have not agreed to the contrary. Every prudent employer of labour will immediately draw up a form to be signed by his workmen, that the master shall not be liable for a fellow servant's negligence. Or he will hire men somewhat on these terms, "5s. a-day, and no liability; 4s. 6d., and liability, and I will either compensate you myself, or apply the 6d. to an insurance for you." I have put 6d., but I believe the difference of a farthing would make the man choose no liability. The present claim for liability, I repeat, arises from the workman not appreciating that he