CHAPTER 169.--Security for trages of employees on railroads

Contractor's bond.

Bond to be

SECTION 3827. A railroad company shall require sufficient securrequired.

ity from the contractors for the payment of labor performed in comCompany li- structing the road by persons in their employ; and such company able, when. shall be liable, to the day laborers employed by the contractors,

for labor actually performed on its road, if the person haring such claim shall, in writing, within forty days after the performance of the labor, notify the engineer in charge of the section on which the labor was performed, that he has not been paid by the contractors.

This statute is constitutional. It applies to laborers for subcontractors as well as to those of contractors. 31 Vt. 214.

CHAPTER 169.Safety appliances on railroads.



Height, etc., SECTION 3883. All single track railroad bridges in this State of bridges.

* shall, when built or rebuilt, be hereafter so constructed as to leave a clear space of not less than fifteen feet between the inner sides of said bridges, and also a clear space of not less than twenty feet from the lowest timbers, boards, or irous in the cover. ing of said bridges, to the top of the rails under the same: And in all double track bridges the clear space of inside width shall be

not less than twenty-seven feet. Telltales.

SEC. 3881. A person or corporation operating a railroad, or part of a railroad, in this State, shall place at the approaches of all its bridges and the highway bridges or other structures which corer or extend over its track, that do not leave a clear height of twenty feet from the top of the rails to the lowest part of said bridges of other structures directly over said rails, such telltale warnings, or other safety devices of uniform pattern for warning trainnel of their approach thereto, as shall be recommended by the board

of railroad commissioners. Blocking SEC. 3885. A person or corporation operating a railroad or a frogs, etc.

part of a railroad in this State, shall at all times keep the frogs, switches and guard rails on its tracks, with the exceptions of guard rails upon bridges, filled or blocked with a wooden block or wedge, so as to prevent the feet of its employees from being

(aught therein. Ladders

Sec. 3886. No railroad corporation shall run cars of its own with ladders or steps to the top of the same on the sides of its cars, but said ladders or steps shall be on the ends or inside of

the cars. Penalty. Sec. 3887. If a person or corporation fails to comply with the

requirements of the four preceding sections, such person or corpo ration shall forfeit fifty dollars for every day's neglect, and be lia: ble for the damages and injuries to passengers and employees of

its roads, resulting from such neglect. Enforcement. Sec. 3888. Such penalty may be enforced by an action on the

case in the name of the State, and the State's attorney of the county where the offense is committed shall prosecute the same. upon notice thereof from the board of railroad commissioners.

An injured employee can not recover under this statute if his injuries resulted from negligence of his own combined with failure of the railroad company to comply with the law. 47 Atl. Rep. 827.

A contract with an employee or with his next of kin waiving the right of action for damages which may arise from injuries received while in the service of a railroad company will not protect a company that fails to

comply with the provisions of this law. 51 Atl. Rep. 6. Power brakes, Sec. 3910. All railroad passenger trains except mixed trains

shall be provided with brakes operated from the engine by the

engineer. Penalty. SEC. 3911. A person or corporation not complying with the requirements of

[section 3910] shall be fined fifty dollars for every violation thereof, and shall be liable for the damages and injuries to passengers and employees on its road resulting from such neglect.


CHAPTER 169.Employment of intemperate persons on railroads

Negligence of employees.

SECTION 3922. If a railroad company employs or retains in its Persons who service a conductor, engineer, brakeman, or switchman, who uses

use intoxicants

not to be emintoxicating liquors as a beverage, such fact being known to the ployed. president, superintendent, or any of the directors of such road, such corporation shall be fined not more than three thousand dollars, and not less than three hundred dollars; and shall also be liable for the damages which a person sustains by the employment or retention of such conductor, engineer, brakeman, or switchman. Sec. 3923. If a person, while in charge of a locomotive engine,

Intoxication or while acting as the conductor of a car, or train of cars, on a

of engineer,etc. railroad, is intoxicated, he shall be fined not more than five hundred dollars, or imprisoned in the State prison not more than one year.

SEC. 3924. When an engineer, fireman, or other agent of a rail- Negligence road is guilty of negligence or carelessness, whereby an injury is causing injury. done to a person or corporation, he shall be imprisoned not more than one year, or be fined not more than one thousand dollars. This section shall not exempt a person or corporation from an action for damages.

CHAPTER 172.-Accidents on railroads-Duties of railroad com


SECTION 3987. The commissioners shall inquire into the causes Accidents to of any accident on a railroad resulting in loss of life, and, in their be investigat

ed. judgment, into any accident not so resulting. If in their judgment a public investigation is necessary they shall give reasonable notice of the time and place of such investigation to the person or corporation operating such railroad; also to the State's attorney for the county in which the accident occurred; to the parties known to have been injured in the accident, and to a representative or friend of a person killed thereby, if known, and shall investigate such accident and make public their conclusions thereon. The State's attorney shall attend and represent the State in said hearing, and produce to the board such legal evidence as tends to show the cause of such accident; and he shall be allowed five dollars per day for each day's attendance before said board, and his necessary expenses.

SEC. 3988. The general superintendent or manager of a railroad Reports. doing business in this State, shall inform the commissioners of every accident upon his road resulting in loss of life or serious injury to any person, immediately after its occurrence.


CHAPTER 194.-Inspection of steam boilers.

SECTION 4700. Upon application of three citizens, the selectmen Who may inof a town, or the mayor of a city, or any person duly authorized spect. by them, may, after notice to the parties interested, examine any stationary steam engine or steam boiler therein, and, for that purpose may enter any house, shop, or building, and if upon examination it appears probable that the use of such engine or boiler is unsafe, they shall, upon notice to all parties concerned, and hearing, if they judge such engine or boiler to be unsafe, defective, or

Unsafe boiler. unfit to be used, issue an order prohibiting the use thereof until it is rendered safe. If, after notice to the owner or person having charge thereof, such engine or boiler is used contrary to such order, such owner or person shall forfeit ten dollars for each day he uses the same, to the use of such town or city, to be recovered in an action on the case.

CHAPTER 194.-Fire escapes on factories, etc.

Fire escapes

SECTION 4702. The owner or lessee of a building, factory, mill or workshop more than two stories high, in which persons are em required.


ployed above the second story, shall provide suitable ladders or
other safe fire escapes, for the safety of patrons and occupants of
such buildings.

Sec. 4703. If the owner, keeper, or lessee of any of the places

neglects to comply with the provisions thereof (in this act), he shall be fined not more than four hundred dollars, and not less than twenty-five dollars.


[ocr errors]

CHAPTER 220.-Intimidation of employees.

Preventing SECTION 5041. A person who threatens violence or injury to an: employment.

other person with intent to prevent his employment in a mill,
manufactory, shop, quarry, mine, railroad or other occupation, shal!
be imprisoned not more than three months, or fined not more than

one hundred dollars.

SEC. 5042. A person who, by threats, intimidation or by force, work.

alone or in combination with others, affrights, drives away or
prevents another person from accepting, undertaking or prose-
cuting such employment, with intent to prevent the prosecution of
work in such mill, shop, manufactory, mine, quarry, railroad or
other 'occoupation, shall be imprisoned in tbe State prison not more
than five years, or fined not more than five hundred dollars.

A count chirged conspiracy to hinder and prevent by violence, threats,
and intimidation the employment and retention by a company of certain
employees; also conspiracy to terrify and drive away workmen by threats,
with malicious intent to injure said company; also threats to publish the
names of employees in the scab

list of a trade journal, thus putting them in fear and driving them away. Held, that these counts sufficiently charged an offense under the above sections. 59 Vt. 273.

CHAPTER 225.-Sunday labor.

[ocr errors][ocr errors][ocr errors]

Sunday labor

SEC. 5140. A person who between twelve o'clock Saturday night forbidden.

and twelve o'clock the following Sunday night exercises any busi-
ness or employment, except such only as works of necessity and

shall be fined not more than two dollars.
Working on Sunday in violation of this statute is not contributory
negligence, and the liability of an employer is not modified by the fact
that an injured employee was so working at the time he received his in-

jury. 47 Atl. Rep. 169.
Running of SEC. 5141. The railroad commissioners may authorize the run-

ning upon any railroad of such through trains on Sunday as, in
the opinion of the board, the public necessity and convenience may
require, having regard to the due observance of the day.

[ocr errors][merged small]

CHAPTER 225.-Employment of children.

Age limit.

SECTION 5146. An owner, agent, superintendent or overseer of a manufacturing or mechanical establishment who knowingly employs or permits to be employed in such establishment a child

under ten years of age, or employs a child under fifteen years of Limit

of age more than ten bours in one day, and a parent or guardian day's labor.

who allows or consents to such employment, shall be fined fifty

[ocr errors][ocr errors][ocr errors]

ACTS OF 1902.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]
[ocr errors]

No liquor shall be sold or otherwise furnished Employer may

# to a forbid sale.

employer has given notice in writing to the licensee forbidding sale to such person.

person whose

[ocr errors][merged small][ocr errors]


[ocr errors]

Sec. 83. A licensee who knowingly sells intoxicating liquors to one having the habit of drinking such liquors to excess, after having received notice in writing not to sell to him, shall forfeit


[ocr errors]

one hundred dollars for each offense, to be recovered by the husband, wife, parent, child, guardian or employer of such person in an action on the case. But such action shall not be had unless commenced within two years from the time of the alleged offense. Sec. 84. [An]

employer or other person who is in- Damages. jured in person, property or means of support by an intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action against any person or persons who by selling or giving intoxicating liquor have caused in whole or in part such intoxication;




Act No. 90.--Employment of women and minors in barrooms.

SEC. 21.
No female (shall] he employed on the premises or in the room Women

and in wbich the license is operated.

minors not to No male person under the age of twenty-one (shall] be em

be employed. ployed therein.

The two prohibitions last named shall not apply to hotels, common victuallers or pharmacists holding a license of the fifth class [druggist's license).

Act No. 158.-Payment of wages-Scrip.

SECTION 1. Any person, corporation or business firm using checks, Scrip, etc., to

be other than bank checks, slips, duebills, or other device to repre. in money!

redeemable sent money in payment of wages or any other debt or obligation due to any employee or servant of such person, corporation or business firm, shall pay the face value of such checks, slips, duebills or other device, in current money of the United States to the holder thereof on the regular pay days of such person, corporation or business firm, and such checks, slips, duebills or other device shall be redeemable at intervals of not more than one month: Provided, houerer. That if any such employee or servant be discharged during the month, said checks, slips, duebills and other device shall be redeemed at their face value, in current money of the United States on the day of his discharge.

SEC. 2. Any person, corporation or business firm refusing to Penalty. redeem any of its obligations as above provided, shall forfeit twice the face value in an action on this statute.



ARTICLE 4.-Local or special laus regulating labor, etc., not to be



The general assembly shall not enact any Certain local local, special, or private law in the following cases:

laws forbidden. 12. Regulating labor, trade, mining or manufacturing, or the rate of interest on money.

ARTICLE 5.Bureau of labor and statistics.

Section 86. The general assembly shall have power to establish Assembly may and maintain a bureau of labor and statistics, under such regula- establish tions as may be prescribed by law.


ARTICLE 12.Liability of railroad companies for injuries to


Acts offel

SECTION 162. The doctrine of fellow-servant, so far as it affects the liability of the master for injuries to his servant resulting from low-servants. the acts or omissions of any other servant or servants of the common master, is, to the extent hereinafter stated, abolished as to

every employee of a railroad company, engaged in the physical construction, repair or maintenance of its roadway, track or any of the structures connected therewith, or in any work in or upon a car or engine standing upon a track, or in the physical operation of a train, car, engine, or switch, or in any service requiring his presence upon a train, car or engine; and every such employee shall have the same right to recover for every injury suffered by him from the acts or omissions of any other employee or employees of the common master, that a servant would have (at the time when this constitution goes into effect), if such acts or omissions

were those of the master himself in the performance of a bon Negligence of assignable duty: Provided, That the injury, so suffered by such superintendent. railroad employee, result from the negligence of an officer, or

agent, of the company of a higher grade of service than hiniself. or from that of a person, employed by the company, having the right, or charged with the duty, to control or direct the general services or the immediate work of the party injured, or the gen eral services or the immediate work of the coemployee through,

or by, whose act or omission he is injured; or that it result from Person in an- the negligence of a coemployee engaged in another department of other

depart- labor, or engaged upon, or in charge of, any car upon wbieb, ar ment, etc.

upon the train of which it is a part, the injured employee is not at the time of receiving the injury, or who is in charge of any switch, signal point, or locomotive engine, or is charged with dispatching trains or transmitting telegraphic or telephonic orders therefor; and whether such negligence be in the performance of an assignable or nonassignable duty. The physical construction. repair or maintenance of the roadway, track or any of the stron tures connected therewith, and the physical construction, repair. maintenance, cleaning or operation of trains, cars or engines, shal] be regarded as different departments of labor within the meaning of this section. Knowledge, by any such railroad employee injured, of the defective or unsafe character or condition of any

machinery, ways, appliances or structures, shall be no defense to Injuries caus- illi action for injury caused thereby. When death, whether installing death. taneous or not, results to such an employee from any injury for

which he could have recovered, under the above provisions, had death not occurred, then his legal or personal representative, surviving consort, and relatives (and any trustee, curator, committee or guardian of such consort or relatives) shall, respectively, hare the same rights and remedies with respect thereto as if his death had been caused by the negligence of a coemployee while in the

performance, as vice-principal, of a nonassignable duty of the Contracts master. Every contract or agreement, express or implied, made waiving rights. by an employee, to waive the benefit of this section, shall he null

and void. This section shall not be construed to deprive any enplopee, or his legal or personal representative, surviving consort or relatives (or any trustee, curator, committee or guardian of such consort or relatives), of any rights or remedies that he or

they may have by the law of the land, at the time this constitution Provisions not goes into effect. Nothing contained in this section shall restrict restrictive. the power of the yeneral assembly to further enlarge, for the aboven

nained class of employees, the rights and remedies hereinbefore provided for, or to extend such rights and reinedies to, or other wise enlarge the present rights and remedies of, any other class of employees of railroads or of employees of any person, firm or corporation.

CODE OF 1888.

CHAPTER 6.-Contracts for labor-Foreign contracts ralid, Foreign con- SECTION 44. A contract for labor for a term of service, not er. tracts enforce- ceeding two years, made in a foreign country, with a person wl able.

shall immigrate to this State, and duly attested by the United States consul or commercial agent at the port where such inmigrant shall embark, shall be respected and enforced to the same extent and in the same manner as if made within the State.

« ForrigeFortsett »