LIABILITY FOR INJURIES TO EMPLOYEES. 99 of neglect to grade crossing. 1881, 199, §§ 2, 125 Mass. 64. 154 Mass. 524. the same extent as it would have been if the deceased had not been an employee; but no executor or administrator shall, for the same cause, avail himself of more than one of the remedies given by this section. SECTION 213. If a person is injured in his person or property by Liability in case collision with the engines or cars of a railroad corporation at a crossing give signals for such as is described in section one hundred and sixty-three, and it ap- 1874, 372, § 164. pears that the corporation neglected to give the signals required by 5, 6. said section, and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision, or to a fine recoverable by indictment as provided in the preceding section; or, in case the life of a person so injured is lost, to damages recoverable in an action of tort as provided in said section; unless it is shown that, in addition to a mere want of ordinary care, the person injured, or the person having charge of his person or property, was, at the time of the collision, guilty of gross or wilful negligence or was acting in violation of the law, and that such gross or wilful negligence or unlawful act contributed to the injury. Liability of Corporation for Injuries to Employees. Acts of 1883, Chapter 243. An Act fixing the responsibility of Railroad Corporations for negligently causing Death of Employees. death of em. Section two hundred and twelve of chapter one hundred and twelve of Amendment of P. S. 112, § 212. the Public Statutes is hereby amended by inserting after "indictment” in the twenty-second line, the following words: "and, if an employee of such Liability for corporation, being in the exercise of due care, is killed under such circum- ployee. stances as would have entitled the deceased to maintain an action for damages against such corporation if death had not resulted, the corporation shall be liable in the same manner and to the same extent as it would have been if the deceased had not been an employee." [Approved June 16, 1883. Acts of 1887, Chapter 270. An Act to extend and regulate the liability of Employers to make compensation for Personal Injuries suffered by Employees in their service. SECTION 1. Where, after the passage of this act, personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: Liability of employers for Injuries to employees. 156 Mass. 21, 298. 158 Mass. 238, 159 Mass. 536. (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence 160 Mass. 260. of the employer, or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or 293. 160 Mass. 573. (2) By reason of the negligence of any person in the service of the 156 Mass. 21, employer, entrusted with and exercising superintendence, whose sole or 158 Mass. 174. principal duty is that of superintendence, or, in the absence of such super- Amended. intendent, of any person acting as superintendent with the authority or con- 1894, 499. sent of such employer; or 100 156 Mass. 13. 262. LIABILITY FOR INJURIES TO EMPLOYEES. (3) By reason of the negligence of any person in the service of the 159 Mass. 348, employer who has the charge or control of any signal, switch, locomotive 532. Remedies. engine or train upon a railroad; the employee, or, in case the injury results in death, the legal representatives of such employee shall have the same right of compensation and remedies against the employer as if the employee had not been an employee of, nor in the service of, the employer, nor engaged in its work; and, in case such death is not instantaneous, or is pre1892, 260, § 1. ceded by conscious suffering, said legal representatives may in the action Amended. Damages recoverable for injury and death. 156 Mass.503. Amended. Railroad car 160 Mass. 39. Amount of compensation recoverable. Amended. Notice of injury. brought under this section, except as hereinafter provided, also recover damages for such death. The total damages awarded hereunder, both for said death and said injury, shall not exceed five thousand dollars, and shall be apportioned by the jury between the legal representatives and the persons, if any, entitled under the succeeding section of this act to bring an action for instantaneous death. If there are no such persons, then no damages for such death shall be recovered; and the damages, so far as the same are awarded for said death, shall be assessed with reference to the degree of culpability of the employer herein, or the person for whose negligence he is made liable. A car in use by, or in the possession of, a railroad company shall be considered a part of the ways, works or machinery of the company using or having the same in possession, within the meaning of this act, whether such car is owned by it or some other company or person. SECTION 2. Where an employee is instantly killed, or dies without conscious suffering, as the result of the negligence of an employer, or of the negligence of any person for whose negligence the employer is liable under the provisions of this act, the widow of the deceased, or, in case there is no widow, the next of kin, provided that such next of kin were at the time of the death of such employee dependent upon the wages of such employee for support, may maintain an action for damages therefor, and may recover in the same manner, to the same extent, as if the death of the deceased had not been instantaneous, or as if the deceased had consciously suffered. Section 3. Except in actions brought by the personal representatives under section one of this act to recover damages for both the injury and death 1892, 260, § 2. of an employee, the amount of compensation receivable under this act in cases of personal injury shall not exceed the sum of four thousand dollars. In case of death which follows instantaneously or without conscious suffering, compensation in lieu thereof may be recovered in not less than five hundred and not more than five thousand dollars, to be assessed with reference to the degree of culpability of the employer herein, or the person for whose negligence he is made liable; and no action for the recovery of compensation for injury or death under this act shall be maintained unless notice of the time, place and cause of the injury is given to the employer within thirty days, and the action is commenced within one year, from the occurrence of the accident causing the injury or death. The notice required by this section shall be in writing, signed by the person injured or by some one in his behalf; but if from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in said section, he may give the same within ten days after such incapacity is removed; and, in case of his death without having given the notice, and without having been for ten days at any time after his injury of sufficient capacity to give the notice, his executor or administrator may give such notice within thirty days after his appointment; but no notice given under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury: provided, it is Limitation of action. Amended. 1888, 155. 1894, 389. Notice how given. Proviso. [See page 100, Acts of 1887, Chapter 270, § 1, el. 3.] Acts of 1897, Chapter 491. An Act relative to the Liability of Employers to make Compensation for Personal Injuries suffered by Employees in their Service. "train." SECTION 1. One or more cars in motion, whether attached to an engine Definition of or not, shall constitute a train within the meaning of clause three of sec- See 1887, 270, tion one of chapter two hundred and seventy of the acts of the year eight- § 1, el. 3; 1893, een hundred and eighty-seven and acts in addition thereto or in amendment thereof. 359. of " person in SECTION 2. Any person who, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch or train, charge." shall be deemed to be a person in charge or control of a signal, switch or train within the meaning of clause three of section one of chapter two hundred and seventy of the acts of the year eighteen hundred and eightyseven and acts in addition thereto or in amendment thereof. [Approved June 10, 1897. LIABILITY FOR INJURIES TO EMPLOYEES. 101 shown that there was no intention to mislead, and that the party entitled to notice was not in fact misled thereby. SECTION 4. Whenever an employer enters into a contract, either written Liability to employee of a or verbal, with an independent contractor to do part of such employer's contractor or work, or whenever such contractor enters into a contract with a sub-con- sub-contractor. tractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or sub-contract shall not bar the liability of the employer for injuries to the employees of such contractor or sub-contractor by reason of any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer, or furnished by him, and if such defect arose or had not been discovered or remedied through the negligence of the employer, or of some person entrusted by him with the duty of seeing that they were in proper condition. ployee knew and failed to give notice of defect, etc. SECTION 5. An employee or his legal representative shall not be en- Employer not titled under this act to any right of compensation or remedy against his liable if em employer in any case where such employee knew of the defect or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer, or to some person superior to himself in the service of the employer, who had entrusted to him some general superintendence. employer has insurance fund, etc. SECTION 6. Any employer who shall have contributed to an insurance Mitigation of fund created and maintained for the mutual purpose of indemnifying an damages where employee for personal injuries for which compensation may be recovered contributed to under this act, or to any relief society formed under chapter two hundred and forty-four of the acts of the year eighteen hundred and eighty-two, as authorized by chapter one hundred and twenty-five of the acts of the year eighteen hundred and eighty-six, may prove, in mitigation of the damages recoverable by an employee under this act, such proportion of the pecuniary benefit which has been received by such employee from any such fund or society on account of such contribution of said employer, as the contribu tion of such employer to such fund or society bears to the whole contribution thereto. SECTION 7. This act shall not apply to injuries caused to domestic Injuries exservants, or farm laborers, by other fellow employees; and shall take effect cepted from act. on the first day of September, eighteen hundred and eighty-seven. [Approved May 14, 1887. 'Acts of 1888, Chapter 155. An Act to amend an Act to extend and regulate the liability of Employers to make compensation for Personal Injuries suffered by Employees in their service. § 2. SECTION 1. Section three of chapter two hundred and seventy of the Amendment of acts of the year eighteen hundred and eighty-seven is hereby amended by Notice of 1887, 270, § 3. inserting after the word "death" in the thirteenth line thereof, the follow- injury, how given. ing words: The notice required by this section shall be in writing, signed See 1892, 260, by the person injured or by some one in his behalf; but if from physical or 1894, 389. mental incapacity it is impossible for the person injured to give the notice within the time provided in said section, he may give the same within ten days after such incapacity is removed; and, in case of his death without having given the notice, and without having been for ten days at any time after his injury of sufficient capacity to give the notice, his executor or administrator may give such notice within thirty days after his appointment. SECTION 2. This act shall take effect upon its passage. [Approved March 22, 1888. |