Excerpt from A Preliminary Analysis of the Legal System of Employers Liability in the State of New York But at common law the employer has certain defenses to an action at law brought by an injured employee which are very important. (a) Contributory negligence. If the employee who is injured has failed to use reasonable care himself and that neglect has contributed to his injury he can recover nothing from the employer, and the employee must show his freedom from negligence to make out his case. This defense of contributory negligence has always been a part of the common law of this state and of the English common law. (b) Fellow Servant Rule. If the employee be injured by the negligence of a fellow servant that fact will bar his recovery against the employer at common law. This fellow servant rule is a special rule applying only to employees, which was incorporated into the common law by two decisions about 1840, one by Lord Abinger in England, one by Chief Justice Shaw in Massachusetts, and was certainly adopted on insufficient reasoning. It had never previously existed at common law. The fellow servant rule has been limited by decisions in this state in two important particulars: 1. The rule will not avail the employer as a defense if the negligence of the fellow servant was a failure of one of the duties (previously described) which by law rest on the employer himself; i. e., such as the duty to provide a safe place to work. 2. A superintendent in general charge of work and so acting is not a fellow servant within the meaning of the fellow servant rule, but the alter ego of the employer, and for his neglect the employer must respond in damages. (c) Assumption of Risk. The third important common law defense which the employer has is the doctrine of assumption of risk. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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Excerpt from Alger and Slater on the New York Employers' Liability Act: Second Edition As it became apparent in the passage of time and by repeated defeats for four successive years that a less radical measure must be drawn to obtain legislative sanction, owing to the powerful opposition arrayed against it, the present law was drafted rather as a foundation for future legislation than an act complete in itself, though enlarging materially the workingman's common-law rights. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from A Treatise on the Law of the Employers Liability Acts of New York, Massachusetts, Indiana, Alabama, Colorado, and England The New York Employers' Liability Act of 1902 is the fifth statute of this nature enacted in the United States. Massachusetts, Alabama, Indiana and Colorado have also Employers' Liability Acts. The English act of 1880 is still in force; but since the passage of the Workmen's Compensation Act, 1897, the Employers' Liability Act of 1880 has been very little resorted to. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from The Employers' Liability Acts and the Assumption of Risks, Vol. 2: In New York, Massachusetts, Indiana, Alabama, Pennsylvaia, Colorado, and England; And Including the Federal Act The recent decisions have defined more closely the phrases of the Employers' Liability Act, and without adding much new law in the doctrine of assumption of risks, have greatly multiplied examples. The recent legislation has tended to amplify the remedies of workmen by restricting or abolishing the defense of fellow service, as in the New York Railroad Act of 1906, the Pennsylvania Statute of 1907 and the Federal Employers' Liability Act, and by removing the defense that a servant merely by remaining at work, without knowledge, assumes the risk of a danger created by the master's default, a provision very commonly inserted in safety appliance statutes, and recently added to the Alabama Code. Happily the ounce of prevention is being more generally applied by the adoption of child labor inspection and safety appliance regulations. Legislation of this character renders necessary a more thorough understanding of the doctrine of assumption of risk, and a more precise definition of the several defenses that pass loosely under that name. This book attempts to gather and present the new matter of decision and legislation for the past five years in the form of a Supplement to an earlier volume entitled "The Employers' Liability Acts and the Assumption of Risks" published in 1902. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from A Treatise on the Law of Employers' Liability Acts Much care has been given to the discussion of the question relating. To what facts will or will not justify the presiding justice in withdrawing the case from the jury, and chapters xil., xiii, and xiv. Are devoted to this question. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.