Labor Laws of the United States Series Volume 2

Labor Laws of the United States Series Volume 2

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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. 1913 edition. Excerpt: ...event of any liability arising against the railway company for personal injury to any employee of the association or the Pullman company, it is hereby agreed that the railway company shall be liable only to the same extent it would be if the person injured were an employee in fact of the railway company, and for all liability in excess thereof shall be indemnified and paid by the owners of the car." The porter was undoubtedly an employee of the association within the meaning of this provision. The question then arises, Is a person employed jointly by a railway company and another company in the operation and management of a train an employee of the railway company, within the meaning of the employers' liability act? In my opinion this question must be answered in the affirmative. The contract between these two companies was entered into long prior to the passage of the act in question, and was therefore not entered into for the purpose of circumventing or avoiding liabilities imposed by law. Nevertheless, if such a contract is recognized and given the effect claimed for it by the defendant, there is nothing to prevent railway companies from avoiding obligations imposed upon them by this or other laws of Congress. It was attempted in argument to draw a distinction between those positive obligations imposed upon public service corporations by law and obligations voluntarily assumed by them for the comfort and convenience of passengers, and for their own profit. Such a distinction may, and in some cases does, exist, but it can not be gainsaid that persons employed by railway companies in performing obligations voluntarily assumed are as much employees of the company as those servants who are discharging positive duties imposed by law....
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Product details

  • Paperback | 94 pages
  • 189 x 246 x 5mm | 181g
  • United States
  • English
  • black & white illustrations
  • 1236990560
  • 9781236990563