Page:United States Statutes at Large Volume 47 Part 1.djvu/1271

 SEC. 841 . EM PLOY MEN T, WHAT.-The contract of employment 1s a Defined. contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or of a third person. OBLIGATIONS OF EMP LOYER pIoyerObligations of en . SEC. 842 . WHEN EMPLOYER MUST INDEMNIF Y EMPLO YEE. - An ind emni fy emp loye . employer must indemnify his employee, except as prescribed in sec- tion 843, for all that he necessarily expends or loses 1n direct conse- quence of the discharge of his dut ies as such, or of h is obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful. SEC. 843. WHEN EMPLOYER NOT BOUND TO INDEMNI FY EMPLOYEE .-- when not bound to An employer is not bound to indemnify his employee for losses suf- indemnify employee . fered by th e latter in conseque nce of the ordinary risks of the busi- ness in which he is employed nor in consequence of the negligence of another person employed by the same employer in the same gen- eral busine ss, unless the negli gence causing the in jury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee ; provided, ne vertheless, that the employer shall be liable for such injury when the same results from the wrongful act, neglect, or default of any agent or officer of such employer, superior to the employee injured, or of a person employed by such employer having the right to control or direct the services of such employee injured, and also when such injury results front the wrongful act, neglect, or default of a coenlployee engaged in another department of labor from that of the employee injured, or employed upon a machine or other appliance other than that upon which the employee injured is employed. Knowledge by an employee injured of the defective or unsafe char- fe u„ mahmery, a~. acter or condition of any machinery, ways, appliances or structures of such employer shall not be a bar to recovery for any injury or death caused thereby, unless it shall also appear that such employee 72d CONGRESS. SESS. II. CH. 128. FEBR UARY 27, 1933 . 1247 hiring ; or, if no particular place was so contemplated by them, at the place at which it was at that time. CH APT ER 41. -SERV ICE W ITH EMPLO YMENT AP PLIC ATIO N AN D SCOPE OF CHA PTERS 41 TO 43 OF THIS CODE SERVICE WI TH EMPLOYMEXT. Appliralion, etc ., of chapters 41-43 . SEC. 539. No APPLICATION TO CANAL OR RAILROAD EMPLOYEES .-This chapter and chapters 42 and 43 of this co de shall have no app lication to the United States Government, or the Panama Railroad Company, or to their employees as concerns such employment. Canal and railroad employees excepted. CROSS REFERENCE In respect to injuries to employees of the Panama Canal or the Panama Rail- Vol. 39, p. 742. road Company, see Act Sept. 7, 1916, c. 458, 39 Stat. 742, as amended ; Act Apr. Vol. 35, p. 65. 22, 1908, c. 149, 35 Stat. 65, as amended ; and Act :liar. 2, 1893, c. 186, 27' Stat. Vol.27,p. 531. 531, as amended . SEC. 840. SCOP E OF CHAP TER .-Th e scope of this chap ter is not con- fined to servants, but includes factors, brokers, carriers, agents, and all similar classes of persons. DEFINITION OF EMPLOYMENT Scop e. Employment.