Nebraska

the same meaning throughout this Act; the said terms include the plural and all ages and both sexes, and shall be construed to mean:

"(1) Every person in the service of the State or of any governmental agency created by it, under any appointment or contract of hire, express or implied, oral or written, but shall not include any official of the State, or of any governmental agency created by it, who shall have been elected or appointed for a regular term of office, or to complete the unexpired portion of any regular term.

"(2) Every person in the service of any employer who is engaged in any trade, occupation, business or profession as described in Section 6, under any contract of hire, express or implied, oral or written, including aliens and also including minors who are legally permitted to work under the laws of the State, who for the purposes of making election of remedies under this Code shall have the same power of contracting and electing as adult employés.

"(3) It shall not be construed to include any person whose employment is casual, or not for the purpose of gain or profit by the employer, or which is not in the usual course of the trade, business, profession or occupation of his employer. The term 'casual' shall be construed to mean: 'Occasional; coming at certain times without regularity, in distinction from stated or regular.'

"(4) It shall not be construed to include any person to whom articles and materials are given to be made up, cleaned, washed, finished, repaired or adapted for sale in the worker's own home or on other premises not under the control or management of the employer, unless the employé is required to perform the work at a place designated by the employer."

"Part II, § 29. (Liability of joint employers). In case any employé for whose injury or death compensation is payable under this Act shall, at the time of the injury, be employed and paid jointly by two or more employers subject to this Act, such employers shall contribute to the payment of such compensation in proportion to their several wage liabilities to such employé. If one or more, but not all of such employers should be subject to the provisions of Part II of

New Hampshire

this Act, then the liability of such of them as are so subject shall be to pay that proportion of the entire compensation which their proportionate wage liability bears to the entire wages of the employé; provided, however, that nothing in this section shall prevent any arrangement between employers for a different distribution between themselves of the ultimate burden of compensation."

"§ 31. (No waiver of rights.) No agreement by an employé to waive his rights to compensation under this Act shall be valid."

NEVADA

The Nevada Act applies to all employers who employ two or more employés in the same general employment and in the usual and ordinary transaction of the business. § 1 (a), except employers of domestic servants and farm laborers. § 43. All other employers are presumed to have elected to pay compensation. This includes the State and all political subdivisions thereof except that in such case the limitation as to two employés does not apply. §1 (b). All employers except the State and political subdivisions may elect to reject the compensation principle by taking the steps specified in Chapter IV.

In order to bring themselves within the provisions of the statute, however, employers must take the necessary steps to join the State Insurance Fund by paying the premiums required by the Act, as the only manner in which employers can adopt the compensation principle in Nevada is to join the State Insurance Fund.

NEW HAMPSHIRE

The Act applies to specific employments only, which are enumerated in § 1 as follows:

"§ 1. This act shall apply only to workmen engaged in manual or mechanical labor in the employments described

New Jersey

in this section, which, from the nature, conditions or means of prosecution of such work, are dangerous to the life and limb of workmen engaged therein, because in them the risks of employment and the danger of injury caused by fellow servants are great and difficult to avoid.

"(a) The operation on steam or electric railroads of locomotives, engines, trains or cars, or the construction, alteration, maintenance or repair of steam railroad tracks or roadbeds over which such locomotives, engines, trains or cars are or are to be operated.

"(b) Work in any shop, mill, factory or other place on, in connection with or in proximity to any hoisting apparatus, or any machinery propelled or operated by steam or other mechanical power in which shop, mill, factory or other place five or more persons are engaged in manual or mechanical labor.

"(c) The construction, operation, alteration or repair of wires or lines of wires, cables, switch boards or apparatus, charged with electric currents.

"(d) All work necessitating dangerous proximity to gunpowder, blasting powder, dynamite or any other explosives, where the same are used as instrumentalities of the industry, or to any steam boiler owned or operated by the employer, provided injury is occasioned by the explosion of any such boiler or explosive.

"(e) Work in or about any quarry, mine or foundry.

"As to each of said employments it is deemed necessary to establish a new system of compensation for accidents to workmen."

In order to adopt the compensation principle, however, the employer must satisfy the Commissioner of Labor of his financial ability to pay compensation or file a bond as provided in § 3 of the Act. See Chapter IV.

NEW JERSEY

Prior to the amendment in 1913 the New Jersey Act was an elective statute applicable to all employers and em

New York

ployés in the State, exclusive of casual employments. § III, 23. By L. 1913, c. 145, the statute was made compulsory as to the State and its political subdivisions except as to officers who are elected and who receive a salary greater than twelve hundred dollars a year. It remains an elective statute as to all private employments, except only casual employments, as to which see ante, page 136.

The New Jersey Workmen's Compensation Act applies only where the contract of hiring is made in New Jersey. Pensabene v. F. & J. Auditore Co., 2 Bradbury's Pl. & Pr. Rep., p. 197; 140 Supp. 266.

The petitioner was employed by the Pennsylvania Railroad Company as a brakeman in the Pavonia Yard at Camden, where trains on the railroad came from all sections of the country and were cut up, reassembled and sent to other places. The petitioner was injured while engaged with other employés of the railroad company in drilling and reassembling a train of cars loaded with soft coal. The car on which the petitioner was working at the time of the injury was part of this shipment of soft coal that had just been transported by the company across the State consigned from the Excelsior mines in Pennsylvania to the West Jersey and Sea Shore Railway Company at Westville, in New Jersey. It was held under the authority of the case of Pederson v. D. L. & W. R. Co., 197 Fed. R. 537, that the employé in this case was engaged in interstate commerce and that he must seek his remedy solely under the Federal Employers' Liability Act. Whitecraft v. Pennsylvania R. R. Co., Camden Common Pleas (May 9, 1913), 36 N. J. Law J. 182.

NEW YORK

The New York Act covers certain enumerated employments only. There is no way under the New York Statute in which those engaged in employments other than those specified can elect to adopt the compensation principle. It does not cover employés of the State or its political subdi

New York

visions. The only employés specifically excluded are farm laborers and domestic servants, besides public employés. The following are the provisions of the statute in relation to those who come within its terms:

§ 2. Application.

Compensation provided for in this chapter shall be payable for injuries sustained or death incurred by employés engaged in the following hazardous employments:

Group 1. The operation, including construction and repair, of railways operated by steam, electric or other motive power, street railways, and incline railways, but not their construction when constructed by any person other than the company which owns or operates the railway, including work of express, sleeping, parlor and dining car employés on railway trains.

Group 2. Construction and operation of railways not included in group one.

Group 3. The operation, including construction and repair, of car shops, machine shops, steam and power plants, and other works for the purposes of any such railway, or used or to be used in connection with it when operated, constructed or repaired by the company which owns or operates the railway.

Group 4. The operation, including construction and repair, of car shops, machine shops, steam and power plants, not included in group three.

Group 5. The operation, including construction and repair, of telephone lines and wires for the purposes of the business of a telephone company, or used or to be used in connection with its business, when constructed or operated by the company.

Group 6. The operation, including construction and repair, of telegraph lines and wires for the purposes of the business of a telegraph company, or used or to be used in connection with its business, when constructed or operated by the company.

Group 7. Construction of telegraph and telephone lines not included in groups five and six.