Page:United States Statutes at Large Volume 47 Part 1.djvu/1272

 1248 72d CONGRESS. SESS. II. CIT. 128 . 'FEBRUARY 27, 1933. fully unde rstoo d, co mpreh ended and appre ciate s tin e dan gers inci- den t to the use of s uch defective machinery, way s, appliances or structures, and thereafter consented to use the same, or continued in the use thereof. Contracts Waiving Any cont ract or ag reeme nt, e xpres s or impli ed, m ade by any such beneSts void. employee to waive the benefits of this section, or any part thereof, shall be null and void, and this section shall not be construed to deprive any su ch employee or his personal representative o$ .~ny right or r emedy to w hich he is now entit led u nder the l aws of the Canal Zone. Contributory negli- The rules and principles of law as to contributory negligence tee' which apply to other cases shall apply to cases arising under this s ectio n, ex cept in so far as the sam e are here in mo difie d or chang ed. Emp lo yer to indem- SEC . 844 . EMPLO YER TO INDEMNIFY FOR HIS OWN NEGLIGENCE .-An nifyf orown negII genee . employer mu st in all cas es indemnify his emp lo yee for losses caused by the farmer's want of ordinary care. Obligations of em- OBLIGATIONS OF EMPLOYEE ployee. Duties of gratuitous SEC . 845 . DUT IES OF GRATUITOUS EMPLOYEE. - O ne who, without employee, consideration, undertakes to do a service far another, is not bound to per fo rm the same, but if he actually enters u pon its performance, he must use at least slight care and diligence therein. Upon own special ,5, 84 5. S AME .-One who, by his own special request, induces request. another to intrust him with the performance of a service, must per- form the s ame fully. In other cases, one who undertakes a gra- tuitous service may relinquish it at any time. with written power SEC. 847. SAME .-A gratuitous employee, who accepts a writ'ten or attorney. pow er of attorney, mu st act und er it so long as it re mai ns in force, or until he gives notice to his employer that he will not do so. Empioyeeforreward. SEC. 84 8. DUTIES OF EMPLOYEE FOR REWARD .-One who, for a go od consideration, agrees to serve another, must perform the service, and mu st use ordinary care and diligence therein, so long as he is thus employ ed. Employee for his SEC. 849. DUTIES OF EMPLOY EE FOR HIS OWN BENEFIT: One who is ownbe ne9t. emp lo yed at his own req ue st to do t hat which is mo re for his own advantage tha n for t hat of his employer, mu st use gre at ca re and diligence therein to protect the interest of the latter. Obedience. SEC. 850. EMPLOYEE MUST OBEY EMPLOYER .-An employee must subst antia lly c omply with all the d irect ions of his emp loyer con- cer ni ng the service on wh ich he is eng ag ed, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee. conformity to us age. ,SEC. 851 . EMPL OYEE TO CONFORM TO USAGE .-An employee must perform his service in conformity to the usage of the place of per- formance, unless otherwise directed by his employer, or, unless it is impracticable, or manifestly injurious to his employer to do so. Degree of skill re- SEC. 852. DEG REE OF SKILL REQUIRED .-An emplo yee is bou nd to quired. exercise a reasonable degree of skill, unless his employer has notice, befor e emp loyin g him , of his w ant of skill. Must babes use what skill SEC. 85 3. MUST USE WHAT SKILL HE HOB .- An employee is always . bou nd to use su ch sk ill as he pos se sse s, so far as the sam e is required, for the service specified. What belo ngs t o em- SEC . 854 . WH AT B ELO NGS TO EM PLOYE R .- Every thing whic h 'an player. employee acquires by virtue of his employment, except the compensa- tion, if any, which is due to him from his employer, belongs to the latter, whether acquired lawfully or unlawfully, or during or after the e xpira tion of the ter m of his e mploy ment.