Page:Federal Reporter, 1st Series, Volume 8.djvu/796

 782 FBOBB^&L fiEPOBTKB. �j ; EoBSinSH, Adm'r, «. Hermann.* �j {Ovreait Court, D. IncUana. 1881.) �1. NhSLIGHNCE— CONTBACT AS TO. �A contract between employer and employe, whereby the employe, in consid- eration of tte employment, agree^ ta release and discharge his employer from, all damages on a^count of accident or death to the employe, caused by the neg- ligence of his employer or co-employes, is void as against public policy. �Tiiis was an action brought by Peter Eoesner, administrator of the estate of George Eeed, against Henry Hermann, on account of the death of Eeed while in the defendant's employ, alleged to have resulted from the defendant's negligent use of defective and unsafe machinery. The defendant, in one of his answers, pleaded his re- lease and discharge f rom all damages under and by virtue of the fol- lowing agreement, viz. : �, in consideration of the emplcyment given me by Henry Hermann, and m an inducement and as a' consideration to said Hermann to actuate him to take and engage me into his employ, I herewith grant, bargain, and stipulate, fbr mj^elf, my heirs, exeeutori*, tfdministrators, assigns, or personal repre- sentatives, wboever they may be; to and with said Henry Hermann, his heirs, execfttprs,; administratorSi ahd assigns, that I, being such employe of said Herniann, will not hold said Hermann, whatever befalls me during sijch em- ployment, responsible or liable in any sum, or forany daniages whatever; and I hereby release, and discharge, said Heriniann from all liability herein, to me at liij^ personkl representatives, for loss," damage, suffering, siekness, ailment, ddathjOr harm, of whatsoever nature or kind I or they, my personal repre; sentativies, may sufEer by reason of.any accident, mishap, death, or damage occurring to me while in the employ, of said Hermann, whether it arise from n^giigeiice of said Hermann or by^pcjjaent, or by reason of the negligence of tiie Qther of said Hermann's employes, or be the cause or mishap whatsoever It Ihay ; i hereby diseharging him, satd Hermann, as heretofore shown, from all kindand nature and mannex of liabiHty whatsoever, by reason of negligence on his part, omission of duty,'or aocident, allring such employment, from date herepf f orever, \ �And jn addition I also promise a,nd agree to work not less than 10 hours per day, while in the emplpy of .said Hermann, under penalty of forfeiture and. damages. �■ ; ■ . ■ . ''■-' his �[Signedl George X Eged. �' ' - mark. �, iSigned in the presence of "VVi Gt. BoEPPLE. �The plaintif demurred iothis answer, and, after argument, th© demurrer was sustained. : No 'written^ opinion was filed. . . Chas. Ji>enl>y skiad J. S. Buehanan, for plaintili. �Chas. L. Wedding and Jas. L. Shackelford,. for defendant. �*Reported by Chas. L. Holstein, United States Attoriiuy. ��� �