gence of any other agent or servant thereof: Provided, That it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to produce the injury.

Sec. 2876. No contract made between any railroad corporation and any of its agents or servants, based upon the contingency of the injury or death of any agent or servant, limiting the liability of such railroad corporation for any damages under the provisions of this act, shall be valid or binding, but all such contracts or agreements shall be null and void.

A law of 1907 requires railroad companies to provide certain safety contrivances, and takes away from companies failing to comply with the law the defense of contributory negligence in actions for damages where the employee is injured by the company's neglect in these particulars. Also the employee shall not be deemed to have assumed the risks occasioned by the company's neglect.

(Acts of 1907-Liability of mine operators for injuries to employees). Sec. 1. (This section makes the same provisions in reference to employees in mines as are made in reference to railroad employees in section 2875 of the laws of 1899 given above).

Sec. 4. (This section makes the same provisions in regard to contracts limiting the liability of mine operators as those of section 2876 above, limiting the liability of railroad companies).

The law regulating the working of mines (Revised Statutes, Sec. 8820) provides that a right of action shall accrue to persons injured, and to the heirs or dependents of persons killed, because of a failure of the owner or operator to comply with its provisions.

ΜΟΝΤΑΝΑ.

(Constitution-Art. 15)

Sec. 16. It shall be unlawful for any person, company or corporation to require of its servants or employees, as a condition of their employment or otherwise, any contract or agreement, whereby such persons, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof; and such contracts shall be absolutely null and void.

(Codes and Statutes-1895.)

Sec. 2242. (This section is substantially the same as Sec. 16, Art. 15, of the Constitution given above.)

Sec. 2660. An employer must indemnify his employee, except as prescribed in the next section, for all he expends or loses [including injuries and death?] in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful. Sec. 2661. An employer is not bound to indemnify his employee for losses [including injuries and death?] suffered by the latter in consequence of the ordinary risks of the business in which he is employed.

Sec. 2662. An employer must in all cases indemnify his employee for losses [including injuries and death?] caused by the former's want of ordinary care.

(Acts of 1905-Chap. 1.)

Sec. 1. Every person or corporation operating a railway or railroad in this State shall be liable for all damages sustained by any employee of such person or corporation in consequence of the neglect of any other employee or employees thereof, or by the mismanagement of any other employee or employees thereof, and in consequence of the willful wrongs, whether of commission or omission, of any other employee or employees thereof, when such neglect, mismanagement or wrongs, are in any manner connected with the use and operation of any railway or railroad on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.

Sec. 2. In case of the death of any such employee in consequence of any injury or damage so sustained, the right of action shall survive and may be prosecuted and maintained by his heirs or personal representatives.

(Acts of 1905-Chap. 2.)

Sec. 1. Every company, corporation, or individual operating any mine, smelter, or mill for the refining of ores shall be liable for any damages sustained by any employees thereof within this State, without contributory negligence on his part, when such damage is caused by the negligence of any superintendent, shift boss, hoisting, or other engineer, or crane men.

Sec. 2. No contract of insurance, relief benefit, indemnity in case of injury or death, nor any other contract entered into before the injury, between the person injured and any of the employers named in this act shall constitute any bar or defense to any cause or action brought under the provisions of this act. Sec. 3. In case of the death of any such employees in consequence of any in jury or damages so sustained, the right of action shall survive and may be prosecuted and maintained by his heirs or personal representatives.

NEBRASKA.

(Acts of 1907, Chap. 48-Liability of railroad companies for injuries to employees.)

Sec. 1. Every railway company operating a railway engine, car or train in the State of Nebraska shall be liable to any of its employees, who at the time of the injury are engaged in construction or repair work, or in the use or operation of any engine, car or train for said company, or, in the case of death to his personal representatives for the benefit of his widow and children, if any, if none, then to his parents, if none, then to his next of kin dependent upon him, for all damages that may result from negligence of any of its officers, agents, or employees, or by reason of any defects or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways or works.

Sec. 2. In all actions hereafter brought against any railway company to recover damages for personal injuries to an employee, or when such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery when his contributory negligence was slight and that of the employer was gross in comparison, but dam

ages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury.

Sec. 3. No contract of employment, insurance, relief benefit, or indemnity for injury or death hereafter 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 against any railway company the defendant may set-off 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 representatives.

A statute of 1881 directs the use of automatic couplers and power brakes on railroad trains, and provides that employees injured because of violation of the law shall not be considered as waiving rights to recover damages by continuing in the service of the negligent company.

NEVADA.

(Acts of 1905-Chap. 142).

Sec. 1. Whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury shall be liable to the person injured for damages; and where the person causing such injury is employed by another person or corporation responsible for his conduct, such person or corporation so responsible shall be liable to the person injured [including employees?] for damages.

Sec. 2. Such liability, however, where not discharged by agreement and settlement shall exist only so far as the same shall be ascertained and adjudged by a State or Federal court of competent jurisdiction in this State in an action brought for that purpose by the person injured.

(Acts of 1907-Chap. 214).

Sec. 1. Every common carrier engaged in trade or commerce in the State of Nevada, and every mine and mill owner and operator actually engaged in mining, or in milling or reduction of ores, in the State of Nevada, shall be liable to any of its employees, or, in case of the death of such employee, to his personal representative for the benefit of his widow and children, if any, and if none, for his next of kin, for all damages which may result from the negligence of the officers, agents or employees of said common carrier or mine or mill operator, or by reason of any defect or insufficiency due to their negligence in its cars, engines, appliances, machinery, track, roadbed, ways or works, or to their negligent handling or storing of explosives.

Sec. 2. In all actions hereinafter brought against any common carrier or mine or mill owner and operator to recover damages for personal injuries to or death of an employee, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery when his contributory negligence was slight and the negligence of the employer, or of its officers, agents, or employees was gross in comparison. All questions of negligence and contributory negligence shall be for the jury.

Sec. 3. 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 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 person entitled thereto.

NEW JERSEY.

This state passed an act, approved April 4, 1911, prescribing the liability of an employer to make compensation for injuries received by an employee in the course of employment, and establishing an elective schedule of compensation. Employers who do not elect to accept the provisions of this act are liable under the provisions of the following statute:

(Acts of 1909-Chap. 83.)

Sec. 1. Where, after this act takes effect, personal injury or death results to an employee who is himself in the exercise of reasonable care at the time: I. By reason of any defect in the condition of the place, ways, works, machinery or plant connected with or used in the business of the employer, which arose from, or had not been discovered or remedied, owing to the negligence of the employer or of any person in the service of the employer, and entrusted by him with the duty of seeing that the place, ways, works, machinery or plant were in proper condition; or

II. By reason of negligence of any person in the service of the employer entrusted with, and at the time of the injury exercising superintendence, whose sole or principal duty is that of superintendence, or in the absence of such superintendent or any person acting as superintendent, with the authority or consent of such employer; or

III. By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, switch, locomotive engine or train upon a railroad; said employee, in case the injury results in death the executor or administrator of such deceased employee who has left surviving a husband, wife or next of kin, shall have the same right of compensation and remedies against the employer as if the employee had not been an employee of, nor in the service of the employer, nor engaged in his work. The provisions of law relating to actions for causing death by negligence, so far as the same are consistent with this act, shall apply to an action brought by an executor or administrator of such deceased employee suing under the provisions of this act.

Sec. 2. (This section requires that notice of an injury, or death, for which action for compensation is brought must be given the employer within one hundred and twenty days, and prescribes the manner of giving such notice and the contents thereof.)

Sec. 3. An employee by entering upon, or continuing in the service of an employer, shall be presumed to have assumed all the risks necessarily incident to his occupation or employment. The necessary risks of the occupation or employment shall, in all cases arising after this act takes effect, be

considered as including those risks, and those only, which are inherent in the nature of the business, and which remain after the employer has exercised due care in providing for the safety of his employees, and has complied with the laws affecting or regulating such business or occupation for the greater safety of such employees. In an action, maintained for the recovery of damages for personal injuries to an employee, received after this act takes effect, owing to any cause for which the employer would otherwise be liable, the fact that the employee continued in the service of the employer in the same place and course of employment after the discovery by such employee, or after he had been informed of the danger of personal injury therefrom, shall not, as a matter of law, be considered as an assent by such employee to the existence or continuance of such risks of personal injury therefrom, or as negligence contributing to such injury. The question whether the employee understood and assumed the risk of such injury, or was guilty of contributory negligence, by his continuance in the same place and course of employment with knowledge of the risk of injury, shall be one of fact, subject to the usual powers of the court in a proper case to set aside a verdict rendered contrary to the evidence. An employee, or his legal representative, shall not be entitled under this act to any right of compensation or remedy against the employer in any case where 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 had entrusted to him some general superintendence, unless it shall appear on trial that such defect or negligence was known to such employer or superior person, or could have been discovered by reasonable and proper care or inspection by such employer or superior person prior to such injury to the employee.

Sec. 4. 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 this act, or to any relief society or benefit fund, may prove in mitigation of damages recoverable by an employee under this act such proportion of the pecuniary benefit, which has been received by such employee from such fund or society on account of such contribution of employer, as the contribution of such employer to such fund or society bears to the whole contribution thereto.

Sec. 5. Every existing right of action for negligence or to recover damages for injuries resulting in death is continued, and nothing in this act contained shall be construed as limiting any such right of action, nor shall the failure to give notice provided for in section two (2) of this act be a bar to the maintenance of a suit upon any such existing right of action.

NEW MEXICO.

(Compiled Laws of 1897-Liability of railroad companies for injuries to employees.)

Sec. 3216. Every corporation operating a railway in this Territory shall be liable in a sum sufficient to compensate such employee for all damages sustained by any employee of such corporation, the person injured being without fault on his or her part, occurring or sustained in consequence of any mis