Measure of ceivers. SEC. 2324 (as amended by act No. 102, page 63, Acts of 1896). liability of re- The liability of receivers, trustees, assignees, and other like officers operating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of coemployees, or for injuries or damages to personal property, shall be the same as the liability now fixed by law governing the operation of railroad corporations in this State for like injuries and damages, and a lien is hereby created on the gross income of any such railroad while in the hands of any such receiver, trustee, or assignee, or other persons in favor of such injured employees or plaintiff, superior to all other liens against defendant under the laws of this State. Receiver ships. Wages a preferred claim—In receiverships. SECTION 2330. Whenever any railroad has been seized by any order or process from any court appointing a receiver for said railroad company, it shall be the duty of the judge presiding in said court to order payments on account of liabilities specified in the preceding section to be made out of any funds of said company available for said purpose, so soon as the amount of said liabilities is liquidated, and if the same are disputed, then so soon as they can be judicially ascertained, and without awaiting the final judgment in said cause. And whenever any railroad has been seized by any trustee or other person by authority of any provision in any trust deed or other conveyance to secure debt, it shall be the Wages to be duty of said person so seizing said railroad to pay said liabilities paid first. out of the first moneys coming into his hands, so soon as the amount of the same can be ascertained, or determined judicially or otherwise. And in all cases where a railroad has been seized as last aforesaid, the persons having such claims of liabilities shall have the same right to proceed against said property to collect and secure the amount due on account of said liabilities, as if said railroad had not been seized by any trustee or other person under said trust deed or other conveyance for the security of debt. Negligence Liability of employers for injuries to employees. SECTION 2610. Except in case of railroad companies, the master of fellow-serv- is not liable to one servant for injuries arising from the negligence or misconduct of other servants about the same business. ants. Duty of employer. Assumption of risk. Contracts waiving liability. SEC. 2611. The master is bound to exercise ordinary care in the selection of servants, and not to retain them after knowledge of incompetency; he must use like care in furnishing machinery equal in kind to that in general use, and reasonably safe for all persons who operate it with ordinary care and diligence. If there are latent defects in machinery, or dangers incident to an employment unknown to the servant, of which the master knows, or ought to know, he must give the servant warning in respect thereto. SEC. 2612. A servant assumes the ordinary risks of his employment, and is bound to exercise his own skill and diligence to protect himself. In suits for injuries arising from the negligence of the master in failing to comply with the duties imposed by the preceding section, it must appear that the master knew or ought to have known of the incompetency of the other servant, or of the defects or danger in the machinery supplied; and it must also appear that the servant injured did not know and had not equal means of knowing such fact, and by the exercise of ordinary care could not have known thereof. Negligence is not imputed where an employee, from pressure of duties, forgets obstructions of which he had knowledge, and is injured thereby. 58 S. E. Rep. 252. SEC. 2613. All contracts between master and servant, made in consideration of employment, whereby the master is exempted from liability to the servant arising from the negligence of the master or his servants, as such liability is now fixed by law, shall be null and void, as against public policy. A servant's widow suing for his homicide occasioned by the negligence of a fellow-servant must show that it was criminal, unless the principal be a railroad or a druggist. 70 Ga. 434. Employment of labor-Term of employment. Term of em SECTION 2614. That wages are payable at a stipulated period raises the presumption that the hiring is for such period; but if ployment. anything in the contract shows that the hiring was for a longer term, the mere reservation of wages for a lesser time will not control. An indefinite hiring may be terminated at will by either party. Hours of labor in factories, etc. Limit of textile mills. SECTION 2615. The hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this eleven hours in State, except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed eleven hours per day, or the same may be regulated by employers, so that the number of hours shail not in the aggregate exceed sixty-six hours per week: Provided, That nothing herein contained shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances. Contracts for SEC. 2616. All contracts made or entered into, whereby a longer time for labor than is provided in the foregoing section shall be longer day. required of said employees, shall be absolutely null and void, so far as the same relates to the enforcement of said contracts with said employees, any law, usage, or custom to the contrary notwithstanding. Penalty. SEC. 2617. Any cotton or woolen manufacturing establishment that shall make or enforce any contract in violation of the foregoing section, with any person as an employee therein, shall be subject to a forfeiture of an amount not less than twenty and not more than five hundred dollars for each and every such violation. SEC. 2618. Any person with whom said contract is made, or any sue. person having knowledge thereof, shall be competent to institute suit against said cotton or woolen manufacturing establishment; * * * Who may Hours of la Night work. SEC. 2619. The hours of labor by all persons under twenty-one years of age, in all other manufacturing establishments, or machine bor of minors. shops in this State, shall be from sunrise until sunset, the usual and customary time for meals being allowed from the same; and any contract made with such persons or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and void, so far as relates to the enforce ment of said contracts against such laborers. Punishment -Employment of children-Corporal punishment forbidden. SECTION 2620. No boss or other superior in any manufacturing establishment shall inflict corporeal [corporal] punishment upon of minors. minor laborers; and the owners of such factory or machine shop shall be directly liable for all such conduct on the part of their employees; and such minor may sue in his own name for damages for such conduct, and the recovery shall be his own property, and not belong to his parents. Fire escapes on factories, etc. SECTION 2622. Owners of every building more than two stories What buildings to have in height, not including the basement, used in the third or higher fire escapes. 43907-08-19 Landings. stories, in whole or in part, as factory or workshop, shall provide more than one way of egress from each story of said building, above the second story, by stairways, on the inside or outside of said building, and such stairways shall be, as nearly as may be practicable, at opposite ends of each story, and so constructed that, in case of fire, the ground can be readily reached from the third and higher stories. Stairways on the outside of said buildings shall have suitable railed landings at each story above the first, and shall connect with each of said stories by doors or windows, opening outwardly, and such doors, windows and landings shall be Doors to open kept at all times clear of obstructions. All the main doors of such outwardly. buildings, both inside and outside, shall open outwardly, and each story shall be amply supplied with means for extinguishing fires. SEC. 2623. The municipal authorities of the town or city where such building is situated, or the ordinary of the county if the building is situated outside of any town or city, shall require the fire marshal or chief officer of the fire department, and if there is no fire marshal nor chief fireman, then some other suitable official, to examine such buildings at least once a year, and report in writing to said municipal authorities, or said ordinary, that said requirements have or have not been complied with. If not complied with, the municipal authorities or the ordinary, as the case may be, shall notify in writing the owner of such building to provide needful alterations or additions. Inspection. Who to make alterations. Definition. SEC. 2625. The owners of buildings referred to in this chapter shall make all alterations or additions necessary to comply with the requirements of this chapter. Examinations and reports shall be made during the month of December of each year. Employment of labor-General provisions. SECTION 2903. Hiring is a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry, either of himself or his servant, during a certain time, for a stipulated compensation, or where one contracts for the labor or services of another about a thing bailed to him for a specified purpose. Hiring ex- SEC. 2914. The hire of labor or services is the essence of every tends to what bailment in which goods are delivered to another, and compensacontracts. tion paid for care, attention or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, wharfingers, mechanics, and all agents in such transactions. SEC. 2915. In all such cases, the bailee is not only bound to exercise skill in the labor and work bestowed, but it is a part of the contract that he shall exercise ordinary care and diligence in keeping and protecting the articles intrusted to him. Duty of bailee. Title to SEC. 2916. In such cases, if the identical article, though materigoods, etc., la- ally changed by the labor bestowed, is to be returned, the title rebored on. mains in the bailor. If the bailee furnishes a portion of the materials, the title to the entire structure is in the party furnishing the larger portion of the materials. If the bailor furnishes materialsuch as silver for plate-but the contract does not contemplate the use of that material specially, then the title is in the bailee to the article made, until it is delivered. Goods manufactured shares. SEC. 2917. If materials are furnished to be manufactured on on shares, the title remains in the bailor until the delivery to him of his portion of the manufactured goods. Right of possession. bor. SEC. 2918. The bailee, for hire of labor and service, is entitled to the possession of the thing bailed, pending the bailment. He Lien for la- has, also, a special lien upon the same for his labor and services, until he parts with possession; and if he delivers up a part, the lien attaches to the remainder in his possession for the entire claim under the same contract. Destruction of article. SEC. 2919. If the thing bailed for labor and services be destroyed, without fault on the part of the bailee, the loss falls upon the bailor, and the bailee may demand compensation for the labor expended and materials used upon it. Contract en tire. SEC. 2920. As a general rule the contract of bailment is an entire contract, and a full performance is a condition precedent to an action upon it. SEC. 3016. When the contract is for a year, and the employer Wrongful wrongfully discharges the agent before the end of the year, the discharge. agent may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait till the expiration of the year and sue for and recover his entire wages. SEC. 3017. When an agent has been improperly dismissed before the expiration of his time, earnings which were realized or might have been realized by him up to the end of the term should go in mitigation of damages. The discharged employee may (1) sue for the injury for the breach of contract; (2) wait until the end of the time he was to serve and sue for the whole amount of wages; (3) sue on quantum meruit on the ground that the contract was rescinded. 56 Ga. 497. The measure of damages for wrongful dismission is actual loss to date of trial. Due diligence must be used to get other employment. 81 Ga. 439. Right of action for personal injuries. SECTION 3826. A physical injury done to another gives a right of action, whatever may be the intention of the actor, unless he is justified under some rule of law. The intention should be considered in the assessment of damages. Computing damages. Intention. SEC. 3830. If the plaintiff by ordinary care could have avoided Negligence. the consequences to himself caused by the defendant's negligence, he is not entitled to recover. But in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained. 82 This section modifies the common law, which was that any contributory negligence of the servant would defeat recovery against the master. Ga. 109. If the plaintiff and defendant are both negligent, the plaintiff can recover unless his negligence was equal to or greater than that of the defendant, or unless he could, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence. 47 S. E. Rep. 923. An employee can not recover where the danger is equally obvious to him and his employer. 94 Ga. 535. An inexperienced person, ignorant that machinery was unsafe, was entitled to recover for injury. 88 Ga. 286. An employee injured while obeying orders of superior may recover if it was not a rash and dangerous thing to do. 71 Ga. 406. SEC. 3900. Actions for injuries done to the person shall be brought within two years after the right of action accrues, VOL. II.-CODE OF PRACTICE. Exemption of wages from garnishment. Limitation of two years. Wages ex SECTION 4732. All journeymen mechanics, and day-laborers, shall be exempt from the process and liabilities of garnishment empt. on their daily, weekly, or monthly wages, whether in the hands of their employers or others. "Wages" includes not only per diem wages, but also pay for a laborer at piece or job work. 25 S. E. Rep. 27. Wages have been held to be exempt to forwarding clerk in railroad office. 51 Ga. 576. Also to a farm laborer hired for six months, but with right to call for his earnings from time to time. 71 Ga. 863. The wages of a conductor on a street railway are exempt. 38 S. E. Rep. 41. Also a locomotive engineer's monthly wages. 76 Ga. 335. And the wages of a clerk and bookkeeper in a store. 77 Ga. 306. And the monthly wages of a private secretary and stenographer. Ga. 570. 80 Wages were held to be not exempt in the case of school teachers. Ga. 108. 54 Nor of a railroad passenger conductor. 77 Ga. 386. Injunction not to issue. Exception. Negligence Wages improperly in the hands of a magistrate through garnishment may be recovered by a rule against him. 76 Ga. 98. A general waiver of the benefits of a laborer's exemption in a note is void. 75 Ga. 471. Contract of employment—Injunction to restrain breach. SECTION 4919. Generally an injunction will not issue to restrain the breach of a contract for personal services, unless they are of a peculiar merit or character, and can not be performed by others. VOL. III. PENAL CODE. Negligence of employees on railroads. SECTION 115. If any person employed in any capacity by any causing injury. railroad company doing business in this State, shall, in the course of such employment, be guilty of negligence, either by omission of duty or by any act of commission, in relation to the matters intrusted to him, or about which he is employed, from which negligence serious bodily injury, but not death, occurs to another, he shall be guilty of criminal negligence, and shall be punished by confinement in the penitentiary not less than one nor more than two years, in the discretion of the court. Conspiracy Interfering with employment, intimidation, etc. SECTION 119. If any two or more persons shall associate themto prevent em- selves together in any society or organization, with intent and for ployment, etc. the purpose of preventing, in any manner, any person from apprenticing himself to learn and practice any trade, craft, vocation, or calling, or for the purpose of inducing, by persuasion, threats, fraud, or any other means, any apprentice or apprentices to any such trade, craft, vocation, or calling, to leave the employment of their employer, or for the purpose, by any means, of preventing or deterring any person from learning and practicing any such trade, craft, vocation, or calling, every such person so associating himself in such society or organization shall be guilty of a misde contract. meanor. Employing SEC. 121. When the servant, cropper, or farm laborer of another laborer under is under written contract attested by one or more witnesses, if any person shall employ such servant, cropper, or farm laborer during the term for which he is employed, knowing that he is so employed, and that the term of service has not expired, such person so offending shall be guilty of a misdemeanor. Enticing employees. ees. SEC. 122. If any person shall, by offering higher wages or in any other way, entice, persuade or decoy, or attempt to entice, persuade or decoy any servant, cropper, or farm laborer, whether under a written or parol contract, after he shall have actually entered the service of his employer, to leave his employer during the term of service, knowing that said servant, cropper or farm laborer was so employed, he shall be guilty of a misdemeanor. The attempt to entice is an offense, whether it was successful or not. 61 S. E. Rep. 289. Making SEC. 123. If any person or persons, by threats, violence, inthreats, etc., timidation or other unlawful means, shall prevent or attempt to against employ- prevent any person or persons in this State from engaging in, remaining in, or performing the business, labor or duties of any lawful employment or occupation, such offender or offenders shall be guilty of a misdemeanor. Conspiring to SEC. 124. If any person or persons, singly or together, or in comprevent em- bination, shall conspire to prevent or attempt to prevent any perployment. son or persons, by threats, violence or intimidation, from engaging in, remaining in, or performing the business, labor, or duties of any lawful employment or occupation, such offender or offenders shall be guilty of a misdemeanor. Hindering la borers. SEC. 125. If any person or persons, singly or by conspiring together, shall hinder any person or persons who desire to labor |