Bulletin Volume 69-74

Bulletin Volume 69-74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...injury.' The interpretation of the provision of the statute made in the prevailing opinion it seems to me imports to it a meaning not in the contemplation of the Legislature at the time of the passing of the act and to fall within the realm of legislation and not interpretation. It has been thoroughly established by a line of cases that the duty placed upon the master by said section is an absolute and personal duty that may not be delegated. But in each of the cases cited by the respondent there was a weakness or defect in the scaffold, hoist, ladder or other mechanical contrivance, which defect was the direct cause of the accident complained of--the rope broke, the scaffold fell or the contrivance gave way. The interpretation now sought to be placed upon the act, that it is the absolute duty of the master to protect a workman upon any such contrivance trom outside extraneous and independent injury, seems to mo unwarranted. If the hod hoist must be inclosed or covered, then a scaffold or a ladder must be provided with the same protection, for a man working upon a scaffold or a ladder is equally exposed to the danger of being struck by a falling brick or other article in the course of the construction or repair of a building. Thus the employer would in fact become the insurer of his workmen's safety in connection with any such appliance, not only in respect to its own strength and safety, but from outside danger. It may well be that such a law would be desirable and that the mere fact of injury in an employment should entitle the employee to compensation. This doctrine must be announced by the People and the Legislature and not by the courts, whose duty it is to decide What the law is and not what it ought to be. Coleman v....show more

Product details

  • Paperback | 112 pages
  • 189 x 246 x 6mm | 213g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236976975
  • 9781236976970