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Liability Of Employers

Liability Of Employers image
Parent Issue
Day
4
Month
June
Year
1880
Copyright
Public Domain
OCR Text

"W. C. Hoiigh was an enginecr oïi the ïexas and Pacific Railroad. Ilis locomotivo no against an animal on the track, and was thrown down au embankment. The whistle was blown or knocked from its fastcning, thereby making an opening in the boiler. Hot water and steam pourcd through this aportare and scalded tho engiireor, Ilough, to death. An action for damages was brought against tho coinpany by his.widow and cliild, who allcgcil that the engine had been thrown from tho track by a detective cow-catcher, and that the whistle cnme loose becausb it was insccurely fastened, Theso thingswere attributed to tho negtigeuee ot' the company's inaster mcchanic or foreman. lt waa provcd thaj; Hough had ropèatédly told tho mastcr moohanio that the cow-catcher on his engino was detective, and that a new one was needcd. The lattcrpromised to fittend to the matter, but neglocted to do so. One dótense sot up by -the coinpany was that tlie plaintlff could nor, maintain an action tbr injuries rc.ítilllng trom negligonce ot' a fellow-servant. Another was that Hough liad been gnilty of con tribu tory nogligcnca in running' an engine wlüch he fcnuvr to have a dotöctive cow-catclicr. Tlio Circuit (Jourt of the Uuited tStatos sa laid down tlie law govornlng the caso that no courae was open to tho jury but to return a vordict for the company. The judgmeut of this tribunal Ib ui)v reversod, and a msw trial ordcrod by tho Suprome Con ft of tho United Staten. Tiio opinión laya down the sound and jnst rulo that an employor, whethoi' an individual or n corjporation, vi!l not bb .allo wed to exposé nu employé to risks and dangei8 wliicli muy bo guarded against by iliiü diligence, and whon lie or hisi agenta aro guilty of nogligence in thii rt)8pect liu ié li:i Lilo lor tho daiiiagxjj whicli niay bo caused by such ne_;iigence. As to the contributory neoligeuco oí' the plaimill' in this case, i t was or the jury to say whother uutlci all tlie clrouinstances his conduul amouaied to oegtigencfl. The gntt queítion ninong niunarohIcal governments now is how to keep their subjects at home. Even Canada is discussing measures to prevent einigration to this country. Kaisin grap es are being planted iii California on a gigantic scale. Tlus furore is stimulated by the great profits, the superior quality, the export demand, and the very llght work roquircd In that (límate for preparing raisins. A largecompanyof capltftllsti is incorporated to introduce raisin culture in Fresno County, ancl in live years' time California raisins will drive all such Importa from tlio United States.

Article

Subjects
Old News
Ann Arbor Argus