Page:Popular Science Monthly Volume 27.djvu/605

Rh few remarks as to some of the troubles that are constantly arising under current methods:

By the laws of many of our States, railroads are held legally liable for physical damage to their employés, though resulting from causes beyond the reasonable control of executive management; and the disbursements of those railroads whose lines traverse States in which public sentiment or the laws are at all hostile, on account of donations, judgments, costs, etc., for injuries to employés, form heavy and ever increasing items in their operating expenses. In England a workman (in railroad or other hazardous service), when injured, or his legal personal representative in case the injury results in death, has the same right of compensation and remedies against the employer as if he had not been a workman, nor engaged in the service of the employer, though there the law is carefully discriminating, and is effective only when the injury is caused:

1. By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer; or

2. By reason of the negligence of any person in the service of the employer who has any superintendence intrusted to him while in the exercise of such superintendence; or

3. By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, and did conform, where such injury resulted from his having so conformed; or

4. By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or by-laws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf; or

5. By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive-engine, or train upon a railway.

The workman has not the right of compensation nor any remedy against the employer:

1. Unless the defect causing the accident arose from, or had not been discovered or remedied owing to, the negligence of the employer, or of some person in the service of the employer, and intrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.

2. Unless the injury resulted from some impropriety or defect in the rules, by-laws, or instructions of the employer.

3. In no case where the workman. knew of the defect or negligence which caused his injury, and failed within a reasonable time to give or cause to be given information thereof to the employer or some person superior to himself, in the service of the employer, unless he was