Page:United States Statutes at Large Volume 34 Part 1.djvu/262

 232 FIFTY-NINTH CONGRESS. Sess. I. CHS. 3072, 3073. 1906. ’ the execution of a sufficient bond by the said James A. Moore, or his assi ns, insuring com liance wit the provisions and conditions °,°{,'j}£‘f,’lg,°,{’,'j,’·P‘},’f,{  And provided jgrt/cer, That said canal and lock, when comofcosr. pleted, shall be turned over to the United States ready for use and free of all expense to the United States, and thenceforth shall be and remain the sole and exclusive property of the United States, but the said James A. Moore, or his assigns, shall operate and maintain in suitable condition the said canal and lock after completion for a period of three years to the satisfaction of said Secretary of War and Chief of Engineers of the United States, free of cost to the United States, and from charges of any kind whatever, and free from the payment of all tolls. 'rlmwfwmvleuvv- Sec. 2. That this Act shall be null and void unless the canal and lock herein authorized shall be commenced within one year and completed within three years from the date of the approval hereof. Amendment Sec. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. · Approved, June 11, 1906. J¤¤° @1*6- CHAP. 3073.-An Act Relating to liability of common carriers in the District of Columbia and Territories and common carriers engaged in commerce between the [Public, No. 219.] States and between the States and foreign nations to their employees. Be it enacted by the Senate and House of Reprece2ttativex of the United §l{¤in_ States (?'A.merica in Congress assembled, That every common carrier 5m-iu; em., ’m em- engage in trade or commerce in the District of Columbia, or in any Pl°*'°“ Territory of the United States, or between the several States, or between any Territory and another, or between any Territory or Territories and any State or `tates, or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, shall be liable to any of its employees, or, in the case of his death, to his personal re resentative for the benefit of his widow and children, if any, if none, then for his rents, if none, then for his next of kin dependent upon him, for all diilmages which may result from the neglience of any of its officers, agents, or emplbyecs, or by reason of any defect or insufficiency due to its negligence in its cars. engines, appli— ances, machinery, track, roadbed, ways, or works. Dsmaw- Sec. 2. That in all actions hereafter brought against any common carriers to recover damages for personal injuries to an employee, or Cocgtrgugjg gw}; where such injuries have resulted in his death, the fact that the em- $ery, ployee may have been guilty of contributory negligence shall not bar a recovery where his contributory neglhrence was sh ht and that of the employer was gross in comparison, but the damages siall be diminished by the jury in prrjportion to the amount of ncgli rence attributable to Jury to decide dc- such employee. ll questions of negligence and contributory newli- °°°°f"°8hg°°°°' gence shall be for the jury. h D ,¤{{,f,f_}'§'f‘Q"j;’;,§,§;j;(_;’°{}{ Sec. 3. That no contract of employment, insurance, relief benefit. suite fvrdnmnzea or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or _ defense to any action brought to recover damages for personal injuries @{'{‘:'{,, m,nmb,,_ to or death of such employee: Provided, /wu·ever, That upon the trial {gras tfyomplcysw tc of such action against any common carrier the defendant may set off °° ‘therein any sum it has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee. _ or, in case of his death. to his rsonal representative. i ,,Q;ff“° u"" f'" ‘“" Sec. 4. That no action shallmbe maintained under this Act, unless commenced within one year from the time the cause of at-tion accrued.