Page:United States Statutes at Large Volume 76A.djvu/272

–176– -176§ 2122. Assumption of risk; fellow servant rule; contributory negligence (a) An employer is not bound to indemnify his employee for losses suffered by the hitter in consequence of the ordinary risks of the business in which he is employed nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury 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. However, the employer is liable for injury when the same results from the wrongful act, neglect, or default of any agent or officer of the employer, superior to the employee injured, or of a person employed by the employer having the right to control or direct the services of the employee injured, and also when the injury results from the wrongful act, neglect, or default of a coemployee 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. (b) Knowledge by an employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of the employer is not a bar to recovery for any injury or death caused thereby, unless it also appears that the employee fully understood, comprehended and appreciated the dangers incident to the use of the defective machinery, ways, appliances or structures, and thereafter consented to use it, or continued in the use thereof. (c) Any contract or agreement, express or implied, made by an employee to waive the benefits of this section, or any part thereof, is null and void, and this section does not deprive any employee or his personal representative of any right or remedy to which he is now entitled under the laws of the Canal Zone. (d) The rules and principles of law as to contributory negligence which apply to other cases apply to cases arising under this section, except insofar as the same are herein modified or changed. § 2123. Negligence of employer An employer shall in all cases indemnify his employee for losses caused by the former's want of ordinary care. Subchapter III—Obligations of Employee § 2151. Duties of gratuitous employee generally One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he shall use at least slight care and diligence therein. § 2152. Gratuitous employee; service by own request; relinquishment One who, by his own special request, induces another to intrust him with the performance of a service, shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time. § 2153. Same; written power of attorney A gratuitous employee, who accepts a written power of attorney, shall act under it as long as it remains in force, or until he gives notice to his employer that he will not do so.

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