« السابقةمتابعة »
4. -a "mine's
5. —"engineering work”.
6. —"premises on which principal has undertaken to
Part D. Leading American cases printed in full, 273-483.
On compensation for injuries received while trying to save personal belong-
On compensation where insane workman commits suicide or suffers per-
On constitutionality of workmen's compensation and industrial insurance
Part A. Introductory.
injuries, for which there had been no 1. Introduction and scope of note.
previous common-law or statutory rem
edy, the attempt has also been made to The purpose of this annotation is to simplify the procedure so as to make the bring together the English and Colonial recovery quickly, easily, and inexpenand American cases involving the appli- sively obtainable, thus doing away with cation and effect of the so-called work- the great delay and expense which so men's compensation acts. The most radi- often attended former actions for percal departure in these statutes from sonal injuries to employees.? the common law or the previous statu- In an annotation of this character, an tory law is the awarding of compensa- investigation of the causes leading up to tion in cases of injuries to workmen in the passage of these acts, and the ethical, the absence of any negligence, actual or humanitarian, or sociological theories unimputed, on the part of the employer. I derlying them, would be out of place. The defenses of coservice and assump- | The discussion will be confined to the tion of risk are entirely abrogated, as is case law upon the subject, and the judithe defense of contributory negligence, cial conclusions as to the meaning of the except in cases where the negligence of various provisions of the acts will be set the injured servant amounts to serious forth, and, as far as possible, harmonor wilful misconduct. In support of ized, so that the general applicability these advanced steps, the injury to a and effect of the statute, as judicially workman has frequently been compared interpreted, will be shown for future to the breaking of a machine, and as the guidance. cost of repairing the latter is borne by As these statutes constitute an entirethe industry, so should the burden of ly new departure in the law of employinjuries to workmen be considered as ers' liability, it is not surprising that an incidental expense of the business. 1 there are numerous conflicting decisions,
In addition to giving compensation for many of which are due to the inconsist
1 The act means that, apart from negli- | to throw the risk of accidents upon the gence, “the industry itself should be taxed trade in which they occur, and that the with an obligation to indemnify the sufferer employer can recoup himself for the cost for what was an ‘accident' causing dam- incurred by him by raising the price of age.” Lord Halsbury, L. C., in Brintons v. his productions and by reducing wages.' Turvey  A. C. (Eng.) 230, 74 L. J. 2 After mentioning certain difficulties enK. B. N. S. 474, 53 Week. Rep. 641, 92 L. T. countered by an injured workman in atN. S. 578, 21 Times L. R. 444, 2 Ann. Cas. tempting to recover damages at common 137.
law or under the employers' liability act, The essential operation of the statutes Lord Brampton, in Cooper v. Wright (1902] herein discussed is, broadly speaking, that, A. C. (Eng.) 302, said: “Added to these irrespective of any negligence or miscon obstacles, the law itself was for the most duct on the master's part, the classes of part too uncertain, too dilatory, and far servants to whom they are applicable are, too expensive for an ordinary workman in a certain sense, insured against any to embark in.” accident that takes place in the course of Lord Stirling, in Field v. Longden (1902) their employment. Cooper v. Wright (1902] 1 K. B. (Eng.) 47, 71 L. J. K. B. N. S. 120, A. C. (Eng.) 302, 71 L. J. K. B. N. S. 642, 66 J. P. 291, 50 Week. Rep. 212, 85 L. T. 51 Week. Rep. 12, 86 L. T. N. S. 776, 18 N. S. 571, 18 Times L. R. 65, observed that Times L. R. 622, per Lord Halsbury. the compensation act "was intended for
In 11 Journ. of Soc. of Comparative Legis- the benefit of workmen, and not for that lation, p. 55, will be found an interesting of the legal profession." and instructive criticism of the unsatisfac- 3 Lord Brampton, in Cooper V. Wright tory features of this act. The learned con- (Eng.) supra, stated that the English act tributor, Sir J. G. Hill, also gives much was so framed as to provoke rather than useful information concerning similar legis- to minimize litigation. lation in the countries of Continental Europe In Oliver v. Nautilus Steam Shipping Co. and elsewhere. He remarks that "the justi- (1903] 2 K. B. (Eng.) 639, Lord Vaughan fication put forward for these new laws is Williams said: "The act is not very easy that it is expedient in the public interest to construe. It is an act as to which I