in charge or control of a signal, switch, locomotive engine, elevated train or train upon a railroad or elevated railway.

The employee, or his legal representatives, shall, subject to the provisions of the nine following sections, have the same rights to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work of the employer.

Sec. 128. If the injury described in the preceding section results in the death of the employee, and such death is not instantaneous or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under the provisions of the following section, the legal representatives of said employee may, in the action brought under the provisions of the preceding section, recover damages for the death in addition to those for the injury; and in the same action under a separate count at common law, may recover damages for conscious suffering resulting from the same injury.

Sec. 129. If as the result of negligence of an employer himself, or of a person for whose negligence an employer is liable under the provisions of section seventy-one, an employee is instantly killed, or dies without conscious suffering, his widow or, if he leaves no widow, his next of kin, who, at the time of his death, were dependent upon his wages for support, shall have a right of action for damages against the employer.

Sec. 130. If an action is brought under the provisions of the preceding section by the widow of the employee, or by the next of kin, who may have such right of action, or if the action is brought under the provisions of section one hundred and twenty-seven by the legal representatives, such action shall not fail by reason of the fact that it should have been brought under the other section, but may be so amended as to provide against such failure at any time prior to final judgment.

Sec. 131. If, under the provisions of either of the two preceding sections, damages are awarded for the death they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable.

The amount of damages that may be awarded in an action under the provisions of section one hundred and twenty-seven for a personal injury to an employee, in whicn no damages for his death are awarded under the provisions of section one hundred and twenty-eight, shall not exceed four thousand dollars.

The amount of damages which may be awarded in such action, if damages for his death are awarded under the provisions of section one hundred and twenty-eight, shall not exceed five thousand dollars for both the injury and the death, and shall be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled, under the provisions of section one hundred and twenty-nine, to bring an action for his death if it had been intantaneous or without conscious suffering.

The amount of damages which may be awarded in an action under the provisions of section one hundred and twenty-nine shall not be less than five hundred nor more than five thousand dollars.

Sec. 132. (This section provides that notice of the time, place and cause

of the injury shall be given to the employer within sixty days, and that action shall be commenced within one year after the accident.)

Sec. 133. If an employer enters into a contract, written or verbal, with an independent contractor to do part of such employer's work, or if such contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer for injuries to the employees of such contractor or subcontractor, caused by 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 intrusted by him with the duty of seeing that they were in proper condition.

Sec. 134. An employee or his legal representatives shall not be entitled under the provisions of sections one hundred and twenty-seven to one hundred and thirty-one, inclusive, to any right of action for damages against his employer if 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 was intrusted with general superintend

ence.

Sec. 135. An employer who shall have contributed to an insurance fund created and maintained for the mutual purpose of indemnifying an employee for personal injuries for which compensation may be recovered under the provisions of sections one hundred and twenty-seven to one hundred and thirty-one, inclusive, or to any relief society formed under the provisions of sections seventeen, eighteen and nineteen of chapter one hundred and twenty-five, may prove in mitigation of the damages recoverable by an employee under the provisions of said sections, such proportion of 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 contribution of such employer to such fund or society bears to the whole contribution thereto.

(Sections 136, 137, 138, 139 and 140 provide, under certain conditions, for compensation for injuries, and will be given under the proper head).

Sec. 141. A justice of the superior court may, upon petition setting forth in ordinary language that the servant or employee of a certain firm, person, corporation or association has been injured in the course of his employment, through some defect in the ways, works or machinery owned or used by the employer, and that it is necessary in order to protect the interests of the injured person that an examination should be made of the ways, works or machinery through whose defect the injury occurred, and after such notice to the employer as any justice of said court may direct or approve, and a hearing, grant an order directing the employer or person in control of such ways, works or machinery to permit the person named in said order to make such examination, under such conditions as may be set forth in the order.

Sec. 142. The provisions of the fourteen preceding sections shall not apply to injuries caused to domestic or farm laborers by fellow-employees. Sec. 143. An employee of a railroad corporation who is injured by any loco

motive, car or train which is used contrary to the provisions of sections one hundred and fifty-nine, one hundred and sixty-one, one hundred and sixty-two, and one hundred and sixty-three of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, shall not be deemed to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. An employee of a railroad corporation who is injured by any locomotive, car or train by reason of the negligence of any other employee of the corporation shall not be deemed to have assumed the risk of such injury.

(Chapter 363)

Sec. 1. If a defect in the ways, works or machinery of a person, partnership or corporation has been reported to the person whose duty it is to remedy said defect, or cause it to be remedied, or to report its existence, and such defect is not remedied within a reasonable time, and by reason of said defect an employee is injured, such employees shall not be held to have assumed the risk of such injury.

(Revised Laws of 1902-Chap. 106)

Sec. 16. No person shall, by a special contract with his employees, exempt himself from liability which he may be under to them for injuries suffered by them in their employment and resulting from the negligence of the employer or of a person in his employ.

The law regulating the construction of buildings to be used as factories, etc., and their equipment with fire escapes and fire extinguishers, makes negligert owners, lessees or occupants liable to any person injured for all injuries caused by violation of its provisions. (Chap. 104, Sec. 50.)

Also an act directing the installation and use of safety appliances on railroads takes away from the negligent company the defense of assumed risks in cases of injury resulting from violations of this act, even though the injured employee knew of the violation. (Chap. III, Sec. 209).

MICHIGAN.

(Acts of 1909-No. 52)

Sec. 2. If any railroad company operating any railroad line within the State of Michigan which shall use or operate, or cause to be used or operated, over any part of its lines within this State any caboose or way car not equipped with end platforms and platform steps it shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars in the discretion of the court.

Sec. 3. In addition to the liability prescribed in section two hereof, any railroad company violating any of the provisions of this act shall be liable in civil damages for all damages caused or resulting from a violation of any of its provisions.

(Acts of 1909, No. 104-Liability of railroad companies for injuries to employees.)

Sec. 1. Every common carrier railroad company in this State shall be

liable to any of its employees, or, in case of his death, to his personal representative for the benefit of his widow and children, if any; if none, then for his parents; if none, then for his next kin, for all damages which may result from the negligence of any such railroad company or from the negligence of any of its officers, agents or employees, or by reason of any defect or insufficiency due to the negligence of such common carrier railroad company in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, coal docks or other equipment.

Sec. 2. In all actions hereafter brought against such common carrier railroad company under or by virtue of any of the provisions of this act to recover damages for personal injury to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery: Provided, That the negligence of such employee was of a lesser degree than the negligence of such company, its officers, agents or employees: Provided further, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case the violation by such common carrier railroad company of any statute enacted for the safety of employees contributed to the injury of such employee, and such employee shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

Sec. 4. No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to, or death of such employee: Provided, however, That upon the trial of such action, the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit or indemnity that may have been paid to the injured employee, or, in case of his death, to his personal representative.

Sec. 5. No action shall be maintained under this act unless commenced within two years from the time the cause of the action accrued.

Sec. 7. The provisions of this act shall not apply to employees working in shop or offices.

MINNESOTA.

(Revised Laws-1905. Liability of railroad companies for injuries to employees).

Sec. 2042. Every company owning and operating, as a common carrier or otherwise, a railroad, shall be liable for all damages sustained within this State by any agent or servant thereof, without contributory negligence on his part, by reason of the negligence of any servant thereof, and no contract, nor any rule or regulation of such company shall impair or limit such liability. But this section shall not be so construed as to render any railroad company liable for damages sustained by any such agent or servant while engaged in the construction of a new road, or any part thereof, not open to public travel

or use.

MISSISSIPPI.

(Code of 1906-Liability of railroad companies for injuries to employees) Sec. 1985. In all actions against railroad companies for damages done to persons or property, proof of injury inflicted by the running of the locomotives or cars of such company shall be prima facie evidence of the want of reasonable skill and care on the part of the servants of the company in reference to such injury. This section shall also apply to passengers and employees of railroad companies.

Sec. 4056. (As amended March 20, 1908-substantially the same as Art. 7 of the Constitution). Every employee of a railroad corporation, and all other corporations and individuals, using engines, locomotives or cars of any kind or description whatever, propelled by the dangerous agencies of steam, electricity, gas, gasoline or lever power, and running on tracks, shall have the same rights and remedies for an injury suffered by him from the act or omission of such railroad corporation or others, or their employees, as are allowed by law to other persons not employed.

Knowledge by any employee injured of the defective or unsafe character or condition of any machinery, ways or appliances, or of the improper loading of cars, shall not be a defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated by them. When death ensues from an injury to an employee, an action may be brought in the name of the widow of such employee for the death of the husband, or by the husband for the death of his wife, or by a parent for the death of a child, or in the name of the child for the death of an only parent, for such damages as may be suffered by them respectively by reason of such death, the damages to be for the use of such widow, husband, parent or child, except in the case the widow should have children, the damages shall be distributed as personal property of the husband. The legal or personal representatives of the person injured shall have the same rights and remedies as are allowed by law to such representatives of other persons. In every such action the jury may give such damages as shall be fair and just, with reference to the injury resulting from such death to the person suing. Any contract or agreement expressed or implied, made by an employee to waive the benefit of this section shall be null and void; and this section shall not deprive an employee of a person, natural or artificial, or the legal or personal representatives of such person, of any right or remedy they now have by law. A statute that requires warning strings to be placed over railroad tracks at approaches to overhead bridges or other overhanging objects, makes negligent companies liable for injury or death of a person by striking such bridge, etc., even though the person so killed or injured was guilty of contributory negligence. (Sec. 4051.)

MISSOURI.

(Revised Statutes of 1899-Liability of railroad companies for injuries to employees.)

Sec. 2873. Every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad by reason of the negli