workers, inmates of soldiers' homes and members of G. A. R.; not to affect rate for militia. The provisions of this act shall not be construed as prohibiting excursion rates, open to the public generally, reduced fare to ministers of the gospel and those giving their entire time to religious, benevolent or charitable work, or to the inmates of soldiers' homes, state or national, including those about to enter and those returning home after their discharge, and members in good standing in the Grand Army of the Republic: Provided, however, This act shall not affect any rate now provided by law for the transportation of members of the Kansas national guard. [G. S. 1915, § 8626.] § 453. Device, subterfuge or arrangement deemed violation of act; punishment of officer, agent or employee of company and person receiving concession, advantage, reduction or rebate. Any device, subterfuge or arrangement by which any passenger received a concession, advantage, reduction or rebate not accorded to all other passengers, exclusive of the excepted classes hereinbefore enumerated, shall be deemed a violation of this act, and the officer, agent or employee of the railroad company granting, or offering to grant or give, and the person soliciting or accepting the same, shall be punished as provided in section 2 for a direct violation of the provisions of this act. [G. S. 1915, § 8627.] § 454. Repeal of acts in conflict herewith. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. [G. S. 1915, § 8628.] ARTICLE 8.-Frogs, Switches and Guard-rails, Filling, Etc. $455. Frogs, switches and guard-rails to $456. Liability for violation of preceding be filled, blocked and guarded. section in addition to liability to person injured or his legal representative; misdemeanor: penalty; failure for thirty days to comply with act a separate offense. LAWS OF 1907, CH. 188. AN ACT requiring railroad companies to fill, block and guard frogs, switches and guardrails, for the protection of its employees and others, and providing penalties for the violation thereof. § 455. Frogs, switches and guard-rails to be filled, blocked and guarded. In order to guard against accidental injury to the employees and others, every railroad company operating a railroad in the state of Kansas shall cause all its frogs, switches and guard-rails on its track or tracks in this state to be filled, blocked and guarded in a practical manner. [G. S. 1915, § 8503.] § 456. Liability for violation of preceding section in addition to liability to person injured or his legal representative; misdemeanor; penalty; failure for thirty days to comply with act a separate offense. Any such company violating section 1, in addition to its liability to any person injured or to his legal representative, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars nor more than two hundred dollars; and any neglect or failure to comply with the provisions of this act to fill, block or guard any frog, switch or guard-rails, as required in section 1 of this act, for a period of thirty days, shall constitute a separate offense. [G. S. 1915, § 8504.] "Section 1 of this act," mentioned herein, is § 455, supra. 11-Labor-1725. ARTICLE 9.-Headlights on $457. Locomotive engines to be equipped with headlights; power of headlight required; conditions under which visibility measured; act not to apply to certain engines. Locomotives, Requirements. $458. Penalty for violation of preceding section, or officer of company, etc., permitting violation; acts construed complete misdemeanor. LAWS OF 1911, CH. 241. AN ACT requiring all railroad corporations or receivers or lessees operating a line of railway in the state of Kansas to equip their locomotive engines with a headlight of a certain power or brilliancy and providing a penalty for a violation of this act. § 457. Locomotive engines to be equipped with headlights; power of headlight required; conditions under which visibility measured; act not to apply to certain engines. That on and after January 1, 1912, it shall be the duty of every company, corporation, lessee, manager, or receiver owning or operating a railroad in the state of Kansas to equip and maintain and use upon each and every locomotive engine being operated in road service within the state of Kansas a headlight of a power that will outline the figure of a man on or adjacent to the track, plainly visible at a distance of 800 feet, preceding the locomotive. The visibility herein mentioned is understood to be measured by and under ordinary night conditions, and for the normal sight of a person having the usual visual capacity required of a locomotive engineer at his place in charge of a moving locomotive: Provided, That this act shall not apply to engines running not more than ten miles into the state to complete their runs: And provided further, That this act shall not apply to locomotive engines used in regular switching service: And provided further, That this act shall not apply to locomotive engines used exclusively between sun up and sun down, nor on engines going to or returning from repair shops when ordered to such shops for repair. [G. S. 1915, § 8515.] Duty of trainmen to observe horses, etc., upon track, considered. 96 K. 769. Emery v. Railway Co., § 458. Penalty for violation of preceding section, or officer of company, etc., permitting violation; acts construed complete misdemeanor. Any railroad company or the receiver, lessee, manager or superintendent thereof, violating the provisions of section 1 of this act, or who permits this act to be violated when within his official authority to prevent its violation, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars, nor more than five hundred dollars for each offense, and the operation of one engine for any part of one day in violation of this act shall be construed to be a complete misdemeanor. [G. S. 1915, § 8516.] ARTICLE 10.-Hours of Labor.* $459. Unlawful to require or permit con- $460. Penalty for violation of preceding ductor, engineer, fireman, brakeman, train-dispatcher, telegraph operator or trainman to continue on duty more than sixteen consecutive hours; eight hours' rest; cases in which act shall not apply; not applicable to employees of sleeping-car companies, baggagemen and express messengers. section action brought by attorney-general or prosecuting attor ney of proper county; complaint to commissioner of labor; authority of commissioner in making investigation; commissioner to file complaint before county attorney of proper county. *Federal act concerning hours of service of railway employees engaged in interstate commerce: "It shall be unlawful for any common carrier, its officers or agents, subject to this act to require or permit any employee subject to this act to be or remain on duty for a § 459. Unlawful to require or permit conductor, engineer, fireman, brakeman, train-dispatcher, telegraph operator or trainman to continue on duty more than sixteen consecutive hours; eight hours' rest; cases in which act shall not apply; not applicable to employees of sleeping-car companies, baggagemen and express messengers. It shall be unlawful for any corporation or receiver operating a line of railroads [railroad] in whole or in part in the state of Kansas, for any officer, agent or representative of such corporation or receiver, to require or permit any conductor, engineer, fireman, brakeman, train-dispatcher, telegraph operator or any trainman who has worked in his respective capacity for sixteen consecutive hours, to continue on duty or perform any work for such railroad until he has had at least eight hours' rest: Provided, That this act shall not apply in case of washout, wrecks, or unavoidable blockades, nor shall it be construed to prevent the crew of a train which contains live stock or perishable freight in carload lots from running to the next division point after the expiration of the time limit provided for in this act: Provided further, That this section shall not apply to employees of sleeping-car companies, baggagemen, and express messengers. [G. S. 1915, § 8588.] § 460. Penalty for violation of preceding section; action brought by attorney-general or prosecuting attorney of proper county; complaint to commissioner of labor; authority of commissioner in making investigation; commissioner to file complaint before county attorney of proper county. Any corporation or receiver operating a line of railroad in whole or in part in this state who shall knowingly violate any provisions of this act shall be liable to the state of Kansas for a penalty of not less than one hundred dollars nor more than two hundred dollars for each offense, and such penalties shall be recovered and suits thereof shall be brought in the name of the state of Kansas in a court of competent jurisdiction in any county in the state into or through which any such railroad may run, by the attorney-general or under his direction, or by the prosecuting attorney of the proper county through or into or out of which trains may be operated by said company; and upon complaint being made to the commissioner of labor, he is thereby authorized to investigate such complaint, and shall be empowered to examine the train-sheets, registers, and dispatchers' reports, and to hear such other evidence as may be offered by officers or employees of such railroad company, to determine whether such complaint is well founded; and if the complaint appears to be longer period than sixteen consecutive hours, and whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-four-hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty: Provided, That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously operated night and day, nor for a longer period than thirteen hours in all towers, offices, places, and stations operated only during the daytime, except in case of emergency, when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-four-hour period on not exceeding three days in any week: Provided further, The Interstate Commerce Commission may after full hearing in a particular case and for good cause shown extend the period within which a common carrier shall comply with the provisions of this proviso as to such case." The act provides a penalty of "not less than $100 nor more than $500 for each and every violation," by "any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be, or remain on duty in violation" of the provisions of the act.. well founded, it shall be the duty of said commissioner of labor to file a complaint before the county attorney of the proper county through which said company may operate. [G. S. 1915, § 8589.] ARTICLE 11.—Injury to or Death of Employee, Liability of §461. Liability of railroad company to per. $463. Employee held not to have assumed 464. Contract, rule, regulation, etc., to 466. LAWS OF 1911, CH. 239. AN ACT relating to the liability of common carriers by railroads to their employees in certain cases, and repealing all acts and parts of acts so far as the same are in conflict herewith. § 461. Liability of railroad company to person suffering injury while employed by company or in case of death of employee; persons to whom railroad held liable. That every company, corporation, receiver or other person operating any railroad in this state shall be liable in damages to any person suffering injury while he is employed by such carrier operating such railroad or in case of the death of such employee, to his or her personal representative for the benefit of the surviving widow and children, or husband and children, or children, or mother or father of the deceased, and if none, then the next of kin dependent upon such employee for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier: or by reason of 'any insufficiency of clearance of obstructions, of strength of roadbed and tracks or structure, of machinery and equipment, of lights and signals, or rules and regulations and of number of employees to perform the particular duties with safety to themselves and their coemployees, or of any other insufficiency, or by reason of any defect, which defect is due to the negligence of said employer, its officers, agents, servants or other employees in its cars, engines, motors, appliances, machinery, track, roadbed, boats, works, wharves, or other equipment. [G. S. 1915, § 8480.] This act not repealed or affected by workmen's compensation act. See § 602, post. "Clearance of obstructions," defined; projecting rail not an obstruction. Palomino V. Railway Co., 91 K. 556. Finding of negligence of coemployee sufficient to sustain verdict. Hisle v. Railway Co., 91 K. 572. Refusal of instructions concerning insufficiencies referred to, held not material. Hisle v. Railway Co., 91 K. 572. Foreman not answerable for negligence of subforeman. Hisle v. Railway Co., 91 K. 572. Company liable to brakeman for injury from negligence of engineer. Rockhold v. Railway Co., 97 K. 715. Liability for injuries received by workman in car-repair shop controlled by factory act (§§ 285-292, ante) and not by this act. Truman v. Railroad Co., 98 K. 761. § 462. Contributory negligence of employee not a bar to recovery under this act; damages diminished by jury in proportion to negligence of employee; employee held not to have been guilty of contributory negligence where railroad violating federal or state statute for safety of em ployees. That in all actions hereafter brought against any such common carrier by railroad under or by virtue of any of the provisions of this act to recover damages for personal injuries 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, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier, its officers, agents, servants or other employees of any federal or state statute enacted for the safety of employees contributed to the injury or death of such employee. [G. S. 1915, § 8481.] Contributory negligence could not wholly relieve defendant from liability. Harper v. § 463. Employee held not to have assumed risk of employment where violation of federal or state statute for safety of employees contributed to injury or death. That any action brought against any common carrier, under or by virtue of any of the provisions of this act, to recover damages for injuries to, or the death of any of its employees, such employee[s] shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier, its officers, agents, servants, or other employees of any federal or state statute enacted for the safety of employees contributed to the injury or death of such employee. [G. S. 1915, § 8482.] § 464. Contract, rule, regulation, etc., to evade provisions of act, void; carrier may set off sum paid to insurance, relief, benefit or indemnity of injured employee, etc. That any contract, rule, regulation or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void: Provided, That in any action brought against any common carrier under or by virtue of any of the provisions of this act, such common carrier may set off therein any sum contributed or paid to any insurance, relief, benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought. [G. S. 1915, $8483.] § 465. Right of action under act survives to personal representatives; only one recovery for same injury. That any right of action given by this act to a person suffering injury shall survive to his or her personal representatives, for the benefit of those entitled to recover under this act but in such cases there shall be only one recovery for the same injury. [G. S. 1915, § 8484.] § 466. Repeal of acts in conflict herewith. That all acts or parts of acts so far as the same are in conflict herewith are hereby repealed. [G. S. 1915, § 8485.] |