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section 1123, then in any suit for damages which may be instituted against any railroad company, corporation or lessee for such maiming or killing, proof of contributory negligence or carelessness on the part of any employee or other person so maimed or killed shall not relieve such railroad company, corporation or lessee from liability.

CHAPTER 14.-Recovery of wages, etc., due from counties.

SECTION 1800. If a claim against a county be for work and labor Claims for done, or material furnished in good faith by the claimant, under work and lacontract with the county authorities, or with any agent of the

bor. county lawfully authorized, the claimant, if he shall have fulfilled his contract, shall be entitled to recover the just value of such work, labor and material, though such authorities or agent may not, in making such contract, have pursued the form of proceedings prescribed by law.

CHAPTER 15.Negligence of employees on steamboats, etc.

SECTION 1832. If any master, owner, engineer or pilot of any Operating desteamboat, or engineer, conductor, superintendent or manager fective machinof any railroad train or locomotive engine, shall knowingly run or ery, etc. cause to be run or operated any engine or machinery, boat or train of cars, when the same or any part thereof is known to be out of repair and unsafe, or shall willfully or negligently run or operate any such engine, boat or train of cars so as to endanger the life of any person, he shall upon conviction, be fined in any sum not exceeding five hundred dollars; and if any accident happen by reason thereof, by which any person is killed, the person so offending shall be deemed guilty of manslaughter in the third degree.

CHAPTER 15.-Seats for female employees.

SECTION 1858., It shall be the duty of all employers of females Seats to be in any mercantile business or occupation to provide and maintain provided. suitable seats for the use of such female employees, at or beside the counter or workbench where employed, and to permit the use of such seats by employees to such an extent as may be reasonable for the preservation of their health; and any violation of this section by any employer shall be deemed a misdemeanor, and, on being convicted, he shall be punished by a fine not exceeding twenty-five dollars.

SEC. 1859. Every person or corporation employing females in Same subject. any manufacturing, mechanical or mercantile establishment in this State shall provide suitable seats for the use of the females so employed, and permit the use of said seats by them when not engaged in the duties for which they are employed.

Sec. 1860. A person or corporation violating the provisions of Penalty. section 1859 of this article shall be punished by a fine of not less than ten dollars nor more than one hundred dollars for each offense.

_CHAPTER 15.Into.rication of employees on public conveyances.

SECTION 1867. Every person who, whilst actually employed in Intoxication driving any stage, coach, wagon, oronibus, hack or other vehicle, of stage drivshall be intoxicated to such a degree as to endanger the safety of 'ers, etc. any person therein, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished by fine not less than twenty nor more than one hundred dollars.

Sec. 1868. Every person who, whilst actually employed in dis- Engineers, plcharging the duties of a pilot or engineer on any steamboat, or

lots, etc. of a conductor or engineer on railroad cars, shall be intoxicated to such a degree as to endanger the safety of such steamboat or cars, or of any person or passenger therein, shall upon conviction be punished by imprisoninent in the penitentiary not exceeding

three years, or in the county jail not exceeding one year, or by

fine not exceeding one thousand dollars. Locomotive Sec. 1869. If any person shall, while in charge of a locomotive engineers, etc. engine running upon the railroad of any such corporation, or

while acting as the conductor of a car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor.

CHAPTER 15.--Employment offices.

Fees to be re- SECTION 1948. Every person who shall agree or promise, or who turned, when. shall advertise through the public press, or by letter, to furnish

employment or situations to any person or persons, and in pursuance of such advertisement, agreement or promise, shall receive any money, personal property or other valuable thing whatsoever, and who shall fail to procure for such person or persons acceptable situations or employment within the time stated, or if no time be specified, then within a reasonable time thereafter, and who shall fail or refuse to return the money, personal property or other valuable thing so obtained, when the same shall have been demanded by such person or persons, shall be guilty of a misdemeanor.

CHAPTER 15.-Intimidation of employees. Interference

SECTION 2155. Every person who shall, by force, menace or with employ ment.

threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent or attempt to prevent any person from accepting or entering upon any lawful employment, shall, upon conviction, be punished by imprisonment in the county jail not less than six months, or by a fine of not less than one hundred dollars, or by both such fine and imprisonment. Every person who shall, by threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent any person from accepting or entering upon any lawful employment, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than fifty dollars, or imprisonment in the county jail not less than three months, or by both such fine and imprisonment.

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CHAPTER 15.-False charges against employees. Falsely

SECTION 2165. Every person who shall by any letter, mark, sign porting way employees.

or designation whatever, or by any verbal statement, falsely report to any railroad, or any other company or corporation, or to any corporation, individual or individuals, or to any of the officers, seryants, agents or employees of any such corporation, individual or individuals, that any conductor, brakeman, engineer, fireman, station agent or other employees of any such railroad company, corporation or individual, have received any money for the transportation of persons or property, or shall falsely report by any of the means aforesaid, that any such conductor, station agent or other employee of any railroad company, persons or corporation neglected, failed or refused to collect any property charges for the transportation of persons or property, when it was their duty to do so, shall, on conviction, be adjudged guilty of a misdemeanor.

CHAPTER 15.-Blacklisting. Sending, mak- SECTION 2166. Every person who shall, in this state, send or deIng. etc., black- liver, or shall make or cause to be made, for the purpose of being lists.

delivered or sent, or shall part with the possession of any paper, letter or writing, with or without a name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or shall publish or cause to be published any false statement

for the purpose of preventing such other person from obtaining employment in this State or elsewhere, and every person who shall "blacklist " or cause to be “ blacklisted ” any person or persons, by writing, printing, publishing, or causing the same to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular or book, together with any false statement concerning said persons so named, or shall publish that any one is a member of any secret organization, for the purpose of preventing such other person from securing employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individuals or individual, shall, on conviction, be adjudged guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail, or by both such fine and imprisonment.

CHAPTER 15.Employment of women in saloons, etc.

SECTION 2185. No owner, proprietor or keeper of any dramshop, Women not to saloon or place where spirituous, malt or vinous liquors are sold be employed. at retail shall employ or suffer to be employed any female other than the wife, daughter, mother or sister of the owner, as a servant, bartender, waiter, dancer or singer in said dramshop or place where spirituous, malt or vinous liquors are sold at retail and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by imprisonment in the county jail not less than three nor more than twelve months, or by fine of not less than fifty nor more than five hundred dollars, or by both such fine and imprisonment;

CHAPTER 15.--Employment of children.

SECTION 2186. It shall be unlawful for any person having the Acrobatic, care, custody or control of any child under the age of fourteen

mendicant,etc.,

occupations. years to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music. Sec. 2187. It shall also be unlawful for any person to take,

Hiring, etc. receive, hire, employ, use, exhibit or have in custody any child under the age and for the purposes prohibited in section 2186 of this article.

SEC. 2188. Any person convicted under the provisions of the two Penalty. preceding sections shall for the first offense be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceeding three months, or both, in the discretion of the court, and, upon conviction for a second or any subsequent offense, shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the penitentiary for a term not exceeding two years, or both, in the discretion of the court.

Sec. 2189. No child under the age of fourteen years shall be Employment employed in any manufacturing or mechanical establishment in in factoriesthis State wherein steam, water or any other mechanical power is used in the manufacturing process carried on therein, or, where the work to be done by such child would, in the opinion of two

age limit.

Penalty.

reputable physicians in the locality where such work is to be done, be dangerous to the health of such child.

SEC. 2190. Any person, firm or corporation, or its agent, who employs, and any parent or person in charge of such child who permits the employment of such child in violation of this article (sec. 2189], shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten nor more than one hundred dollars, or imprisonment [imprisoned) in the county jail for a period of not less than two days nor more than ten days, or both fined and imprisoned, for each offense: Provided, That extreme poverty of the parent, or person in charge of such child, shall be a good defense to such proceeding.

Proviso.

CHAPTER 15.-Sunday labor. Sunday labor

SECTION 2240. Every person who shall either labor himself, or forbidden.

compel or permit his apprentice or servant, or any other person under his charge or control, to labor or perform any work other than the household offices of daily necessity, or other works of necessity or charity,

on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor,

and fined not exceeding fifty dollars. Observance of SEC. 2241. The last section shall not extend to any person who another day.

is a member of a religious society by whom any other than the first day of the week is observed as a Sabbath, so that he observes such Sabbath, nor to prohibit any ferryman from crossing pas

sengers on any day of the week ; Barbering. SEC. 2245. It shall be a misdemeanor for any person to carry on

the business of barbering on Sunday.

CHAPTER 15.Protection of employees on street railways

Inclosed platforms. Platforms to SECTION 2354. Every electric street car, other than trail cars, be inclosed, which are attached to motor cars, shall be provided during the when.

months of November, December, January, February and March of each year, at the front end, with a screen composed of glass or other material which shall fully and completely protect the driver, motorman, gripman or other person stationed on such

front end and guiding or directing said car from wind and storm. Penalty. SEC. 2355. Any person, agent or officer of any association or cor

poration violating any of the provisions of section 2354 shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars for each day that any car belonging to or used by such person, association or corporation is permitted to remain unprovided with the screens required by section 2354 of this article.

This act is constitutional. 60 S. W. Rep. 1068.

CHAPTER 17.-Right of action for injuries causing death.

Death caused SECTION 2864. Whenever any person shall die from any injury by negligence. resulting from or occasioned by the negligence, unskillfulness or

criminal intent of any officer, agent, servant or employee whilst running, conducting or managing any locomotive, car or train of cars, or of any master, pilot, engineer, agent or employee wbilst running, conducting or managing any steamboat, or any of the machinery thereof, or of any driver of any stage coach or other public conveyance whilst in charge of the same as a driver; and when any passenger shall die from any injury resulting from or occasioned by any defect or insufficiency in any railroad, or any part thereof, or in any locomotive or car, or in any steamboat, or the machinery thereof, or in any stage coach or other public conveyance, the corporation, individual or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer or driver shall be at the time such injury is committed, or

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who owns any such railroad, locomotive, car, stage coach or other · public conveyance at the time any injury is received resulting from or occasioned by any defect or insufficiency, unskillfulness, negligence or criminal intent above declared, shall forfeit and Damages. pay for every person or passenger so dying, the sum of five thousand dollars, which may be sued for and recovered: First, by the Who may sue. husband or wife of the deceased; or, second, if there be no husband or wife, or he or she fails to sue within six months after such death, then by the minor child or children of the deceased, whether such minor child or children of the deceased be the natural born or adopted child or children of the deceased :

Recovery by an employee is restricted to acts of servants and employees mentioned in the statute, and does not extend to defects in the track. 54 Mo. App. 161.

A locomotive engineer and a track repairer are not fellow-servants. The measure of damages recoverable is fixed by the statute at $5,000. 115 Mo. 87.

Negligent direction by the person immediately in charge, even if he be not authorized to hire and discharge, entails the liability of the employer for injuries consequent thereon. 115 Mo 165.

One can not recover under this section where the injury is clearly the result of the negligence of a fellow-servant. 144 Mo. 397.

Though the defective appliance which caused injury was constructed by fellow-servants of the injured employee, the master is not cleared from liability for such defectiveness. 43 Mo. App. 398.

Sec. 2865. Whenever the death of a person shall be caused by a Action sur wrongful act, neglect or default of another, and the act, neglect vives, when. or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.

Sec. 2866. All damages aceruing under the last preceding section Who may sue. shall be sued for and recovered by the same parties and in the same manner as provided in section 2864, and in every such action the jury may give such damages, not exceeding five thousand dollars, Damages. as they may deem fair and just, with reference to the necessary injury resulting from such death, to the surviving parties who may be entitled to sue, and also having regard to the mitigating or aggravating circumstances attending such wrongful act, neglect or default.

The widow of an employee suing for damages occasioned by his death by reason of the employer's negligence may testify as to the number of her children. 115 Mo. 205.

Sec. 2868. Every action instituted by virtue of the preceding Limitation. sections of this chapter, shall be commenced within one year after the cause of such action shall accrue.

The statute is satisfied if the petition be filed within the period of one year, though no summons be issued until after such period' has expired. 128 Mo. 1. CHAPTER 17.-Liability of railroad companies for injuries to

employees.

ants.

SECTION 2873. Every railroad corporation owning or operating a Negligence of railroad in this State shall be liable for all damages sustained by fellow-servany agent or servant thereof while engaged in the work of operating such railroad by reason of the negligence 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. 2874. All persons engaged in the service of any such rail- Vice princiroad corporation doing business in this state, who are intrusted pals defined. by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other servant in the performance of any duty of such servant, or with the duty of inspection or other duty owing by the master to the servant, are

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