ferred upon it. It shall, at least once annually, examine the roadbed, bridges, depots, rolling stock and equipment of every railroad in the State, and shall, by examinations and investigations, keep itself informed as to the condition, manner of operation and safety of all railroads, and shall see that they comply with the provisions of their charters and the laws of this State.

Sec. 4608. The general superintendent or manager of a railroad Accidents to doing business in this State shall inform said board in writing of

be reported. every accident upon his road, resulting in loss of life or injury to any person, and of every collision and derailment of trains on the same, immediately after its occurrence. If such accident results in loss of life or serious injury to the person of a passenger, such' information shall be given by telegraph.

SEC. 4609. Said board shall inquire into the cause of every ac- Inquiries. cident on a railroad resulting in loss of life, and, in its judgment, into any accident, collision or derailment of trains not so resulting. If, in its judgment, a public investigation is necessary in the interests of public safety, it shall fix a time and place of holding the same and shall summon the person or corporation operating such railroad, the parties known to have been injured in the accident, and, if known, a representative or friend of a person killed thereby, to appear and give evidence regarding the cause of such accident. Said board shall also notify the State's attorney of the county in which the accident occurred, who shall investigate the cause of such accident, produce witnesses who can give evidence in regard to the same, and attend and represent the State at such hearing. All parties summoned, and other per. sons interested, may appear and be made parties thereto, may produce witnesses or other evidence, and be represented by counsel. The person or corporation operating the railroad shall produce, on notice from said board, all trainmen and other employees who can give pertinent evidence in regard to the cause of the accident, free of expense to the State. Said board shall make public its determination in regard to the cause of the accident so investigated, and cause a permanent record thereof to be made. SEC. 4611.

Said board shall have jurisdiction on due Power of notice to hear, determine, render judgment, and make orders and board. decrees in all matters provided for in the charter of any railroad corporation, or in the statutes of this State relating to railroads, and shall have like jurisdiction in all matters respecting :

V. The maintenance of the tracks, frogs, switches, gates, signals, culverts, bridges and other structures of wood or iron over openings, and rolling stock and equipment so as to accommodate the public and be operated with safety and in compliance with law.

[ocr errors]

Employment of women and children in barrooms.

E m ployment SECTION 5130. Licenses shall be subject to the following con

forbidden. ditions:


That no female, or person under the age of twenty-one, shall be employed in such barroom.


Intoxication of employces, etc.

[ocr errors]


[An] employer or other person who is Emplo y er s injured in person, property or means of support by an intoxicated may sue, when. person, or in consequence of the intoxication of any person, shall have a right of action in his or her own name, jointly or severally, against a person or persons, who, by selling or furnishing intoxicating liquor, have caused in whole or in part such intoxication. If such intoxicating liquor was sold or furnished to such


person in a rented building, and the owner of such building, or his agent in charge thereof, knew or had reason to know that intoxicating liquor was sold or kept for sale by his tenant in such building contrary to law, said owner may be joined as defendant in such action, and judgment therein may be rendered against him. l'pon the death of either party, the action and right of action shall survive to or against his executor or administrator. The party injured or his legal representatives may bring either a joint action against the person intoxicated and the person or persons who furnished the liquor and the owner of the building, or

a separate action aga inst either or any of them. May give now SEC. 5225. The * * * employer of a person may, in writing, tice.

notify a board of license commissioners to forbid the sale or fur. nishing of intoxicating liquors to such person.

Fire escapes on factories, etc. Fire escapes SECTION 5512. The owner or lessee of a building, factory, mill required.

or workshop more than two stories high, in which persons are employed above the second story, shall provide suitable ladders or other safe fire escapes for the safety of patrons and occupants

of such buildings. Penalty. SEC. 5513. An owner, keeper or lessee of a place mentioned

who fails to comply with a provision thereof (in this act) shall be fined not more than four hundred dollars nor less than twenty-five dollars.

Smoking in factories, etc. Smoking SECTION 6515. A person who smokes a pipe, cigar or cigarette offense, when, in a mill, factory, barn, stable or other outbuilding belonging to

or oco ed by another person, in which a notice containing this section, prohibiting such smoking, signed by the owner, agent or occupant of the same is posted conspicuously near the main entrance thereof, shall be fined not more than five dollars.

Intimidation of employecs. Preventing SECTION 5868. 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 shall be imprisoned not more than three months or fined not more

than one hundred dollars. Stopping Sec. 5969. A person who, by threats, intimidation or by force,

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 occupation, shall be imprisoned in the State prison not more than five years or fiued not more than five hundred dollars.

A count charged 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.



Sunday labor.


Sunday labor SECTION 5955. A person who, between twelve o'clock Saturday forbidden.

night and twelve o'clock the following Sunday night, exercises any business or employment, except works of necessity and charity,

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 bis injury. 47 Atl. Rep. 169.


Sec. 5956. The board of railroad commissioners may authorize Running the running upon any railroad of such through trains on Sunday

trains. as, in the opinion of said board, the public necessity and convenience may require, having regard to the due observance of the day.



[ocr errors]

Local or special laws regulating labor, etc., not to be passed.
The general assembly shall not enact

Certain local

laws forbidden. any local, special, or private law in the following cases :

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

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 regulations as may be prescribed by law.

Liability of railroad companies for injuries to employees.

SECTION 162. The doctrine of fellow-servant, so far as it affects Acts offel the liability of the master for injuries to his servant resulting low-servants. from 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 nonassignable duty: Provided, That the injury, so suffered by such Negligence of railroad employee, result from the negligence of an officer, or superintendent. agent, of the company of a higher grade of service than himself, 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 general services or the immediate work of the coemployee through, or by, whose act or omission he is injured; or that it result from the negligence of a coemployee engaged in another department of labor, or engaged upon, or in charge of, any car upon which, or other departupon the train of which it is a part, the injured employee is not

ment, etc. 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 structures connected therewith, and the physical construction, repair, maintenance, cleaning or operation of trains, cars or engines, shall 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 an action for injury caused thereby. When death, whether instan- Injuries caustaneous or not, results to such an employee from any injury for ing death. 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

Person in an

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 be null

and void. This section shall not be construed to deprive any employee, 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 general assembly to further enlarge, for the above-named class of employees, the rights and remedies hereinbefore provided for, or to extend such rights and remedies to, or otherwise enlarge the present rights and remedies of, any other class of employees of railroads or of employees of any person, firm or corporation.

This section does not apply to street railways. 61 S. E. Rep. 779.


Contract for labor--Forcign contracts ralid. Foreign con- SECTION 44. A contract for labor for a term of service, not es. tracts enforce- ceeding two years, made in a foreign country, with a person who

shall immigrate to this State, and duly attested by the United States consul oro commercial agent at the port where such immi. grant shall embark, shall be respected and enforced to the same

extent and in the same manner as if made within the State. Duplicate con- Sec. 45. Every contract made as aforesaid shall be in duplicate, tracis.

the original in the vernacular language of the immigrant, which shall be retained by him; the duplicate in the English language, which shall be recorded in the county or corporation wherein such employer resides, within ten days after the arrival of said immigrant at such residence; and until so recorded, such employer shall not be entitled to the benefit of the provisions of this chapter

applicable to such contracts. Security for SEC. 46. Any immigrant, who is a party to any such contract, p a y ment of

shall have the right to apply to a justice, who shall require perwages.

sonal security for the payment of wages at the times specified in said contract; or if not so specified, then monthly; and any immigrant who, without good and sufficient cause, shall be discharged from the service of an employer, may recover from him, in addition to the amount due for past services, damages not ex. ceeding the wages for three months of the unexpired term of his

contract. Leaving serv- SEC. 47. An immigrant bound by any such contract, who shall,

without good and sufficient cause, leare the service of his employer, shall be liable to said employer for an amount not exceeding the sum which may or would be due for a period not exceeding

three months of the term of his contract. Application of Sec. 48. All the provisions of the four preceding sections shall law.

apply to contracts made with immigrants after their arrival in the United States, as well as to contracts made in a foreign country; except that such contracts made within the United States may be attested by a justice, or other officer authorized by law to attest and affix his official seal to such contract.


Employment of children while parents live in idleness.

[ocr errors]

Who are va- SECTION 884. The following persons shall be deemed vagrants: grants,

All persons who are able to work and who do not work, but hire out their minor children and live upon their wages.

Fire escapes on factories, etc.


[ocr errors]

SECTION 1067a. It shall be the duty of the owner or owners of Fire escapes all factories, workshops,

in this State of over three to be provided. stories in height,

to provide for the safe exit of the occupants thereof in case of fire by the erection or construction of fire escapes of the most approved modern design. The character and design of said fire escapes shall, in cities and towns, be selected by the council of said cities and towns; and where the buildings are not located in cities or towns, by the board of supervisors of the county. Any owner or owners of such buildings shall have the right to require the council of the city or town in which said buildings are located, or in the counties the board designated by this act, to make such selection of said fire escapes as is provided by this act; and in case of their failure or refusal they shall be compellable by mandamus. Any owner or owners of such buildings who shall fail to comply with

this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars por more than one hundred dollars for each month they shall fail to provide such fire escapes.

Protection of employees on street railways-Inclosed platforms.

SECTION 1294d (27). All urban, interurban, and suburban elec

Vesti buled tric railway companies shall use vestibuled fronts on all motor cars used, when.


to be run, operated, or transported by them on their lines during the • months of November, December, January, February, March, and

April of each year: Provided, That such vestibuled fronts need not be used on open summer cars run, operated, or transported by them, during the months of November and April: And provided, That said companies shall not be required to close the sides of said vestibules, and any such company refusing or failing to comply with sa id requirement shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense.

Railroads-Safety appliances-Accidents. SECTION 12940 (36). Where any railroad track passes under any Telltales to bridge, tunnel, or structure, not sufficiently high to admit of the be erected. safe passage of cars upon such railroad tracks, with the servants and employees standing at their posts of duty on said cars, the person or persons, firm, or corporation, operating sa id railroad and running its trains thereon, shall erect and maintain, at proper distances on each side of such bridge, tunnel, or structure, warning signals of approved design, and in general use, to warn the servants and employees, or those operating such railroads, of the approach to such bridge, tunnel, or structure, and the failure to erect and maintain such danger signals shall make those operating such railroads liable in damages for the death or injury of any em- Damages. ployee or servant resulting from the insufficient height of such bridge, tunnel, or structure, and no contract, expressed or implied, and no plea of, or defense based upon, the contributory negligence of the servant or employee shall relieve those operating such railroads of the liability imposed hereby. The State corporation commission is hereby authorized, by general or special regulations or order, to determine or approve the character and location of any danger signal which may be erected and maintained to comply with the provisions of this act, and any and every danger signal constructed and located as the said commission shall determine and approve shall be deemed within the meaning of this act to be an approved danger signal and erected at the proper distance on each side of such bridge, tunnel, or structure.

Maintenance of signals does not relieve the company from liability for degligence in having a low bridge, 62 S. E. Rep. 363. Sec. 1294d (52). Notice of every accident which occurs, at

Notice of actended with loss of life or injury to person, shall be given within

cidents. five days thereafter by the company operating the railroad on

« ForrigeFortsett »