« ForrigeFortsett »
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. SECTION 2614. That wages are payable at a stipulated period Term of emraises 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. SECTION 2615. The hours of labor required of all persons em- Limit 01 ployed in all cotton or woolen manufacturing establishments in this eleven hours in
textile mills. 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 una voidable circumstances.
SEC. 2616. All contracts made or entered into, whereby a longer Contracts for 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.
SEC. 2617. Any cotton or woolen manufacturing establishment Penalty. 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.
Who may 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;
SEC. 2619. The hours of labor by all persons under twenty-one Flours of la. 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
Night work. 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.
- Employment of children—Corporal punishment forbidden. SECTION 2620. No boss or other superior in any manufacturing Punishment 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 buildin height, not including the basement, used in the third or higher ings to have 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 Landings. 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. Inspection. 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. Who to make SEC. 2625. The owners of buildings referred to in this chapter alterations.
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.
Definition. 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 speci
fied 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, fac
tors, wharfingers, mechanics, and all agents in such transactions. Duty of SEC. 2915. In all such cases, the bailee is not only bound to exerbailee.
cise 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. 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 manu- SEC. 2917. If materials are furnished to be manufactured on factured on shares, the title remains in the bailor until the delivery to him of shares.
his portion of the manufactured goods. Right of pos- SEC. 2918. The bailee, for hire of labor and service, is entitled session.
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, bor.
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 SEC. 2919. If the thing bailed for labor and services be deof article.
stroyed, 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.
SEC, 2920. As a general rule the contract of bailment is an en
tire. tire 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 Computing the expiration of his time, earnings which were realized or might
damages. 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 Intention. 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.
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.
This section modifies the common law, which was that any contributory negligence of the servant would defeat recovery against the master. 82 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
two years. brought within two years after the right of action accrues,
VOL. II.-CODE OF PRACTICE.
Eremption of wages from garnishment.
SECTION 4732. All journeymen mechanics, and day-laborers, Wages exshall 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.
And the monthly wages of a private secretary and stenographer. 80
Wages were held to be not exempt in the case of school teachers. 54
Nor of a railroad passenger conductor. 77 Ga. 386.
Wages improperly in the hands of a magistrate through garnishment
76 Ga. 98. max benrecovered by a rule against him,
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.
Injunction SECTION 4919. Generally an injunction will not issue to restrain not to issue.
the breach of a contract for personal services, unless they are of a Exception. peculiar merit or character, and can not be performed by others.
VOL. III.-PENAL CODE.
Negligence of employees on railroads.
Negligence 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.
Interfering with employment, intimidation, etc. Conspiracy 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 ap
prenticing 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
Sec. 121. When the servant, cropper, or farm laborer of another laborer under is under written contract attested by one or more witnesses, if contract.
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 em
Sec. 122. If any person shall, by offering higher wages or in any ployees. other way, entice, persuade or decoy, or attempt to entice, per
suade 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. M a king 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- SEC. 125. If any person or persons, singly or by conspiring toborers.
gether, shall hinder any person or persons who desire to labor
from so doing, or hinder any person, by threats, violence or in-
Hindering dation or other unlawful means, shall hinder the owner, manager
employers. or proprietor for the time being from controlling, using, operating or working any property in any lawful occupation, or shall by such means hinder such person from hiring or employing laborers or empolyees, such offender or offenders shall be guilty of a misdemeanor.
Seats for female employees. SECTION 127. All persons and corporations employing females in Seats to be manufacturing, mechanical or mercantile establishments, must provided. provide suitable seats, and permit their use by such females when not necessarily engaged in the active duties for which they were employed. Any person who shall fail to comply with the requirements of this section and the officers of any corporation which shall fail to comply with said requirements shall be guilty of a misdemeanor.
SECTION 420 (as amended by act No. 138, page 38, Acts of 1897,, Running and act No. 253, page 88, Acts of 1899). If any freight train, ex-freight trains, cursion train, or other train than the regular trains run for the etc., forbidden. carrying of the mails or passengers, shall be run on any railroad on the Sabbath day, the superintendent of transportation of such railroad company, or the officer having charge of the business of that department of the railroad, shall be liable to indictment in each county through which such train shall pass, and shall be punished as for a misdemeanor.
The foregoing provisions shall not extend to:
1. A train which has one or more cars loaded with live stock, Exceptions. and which is delayed beyond schedule time. Such train shall not be required to lay over on the line of road during Sunday, but may run on to the point where, by due course of shipment or consignment, the next stock pen on the route may be, where such animals may be fed and watered according to the facilities usually afforded for such transportation.
2. A freight train running over a road on Saturday night, if the time of its arrival at destination according to the schedule by which it started on the trip be not later than eight o'clock Sunday morning.
3. Special fruit, melon and vegetable trains, the cars of which contain no other freight except perishable fruits, melons, vegetables, fresh fish, oysters, fresh meats, live stock and other perishable goods of a like character, and which trains shall be loaded and leave the station from which they start in this State before the hour of midnight on Saturday night previous to the Sunday on which they are operated. No company shall be compelled to run the trains mentioned in this paragraph, and all freight trains or cars thus loaded and coming into this State may run to any point of destination in this State, or continue their run through the State on Sunday.
4. To trains on railroads where the line of said railroad begins and ends in another State, and does not run a distance greater than thirty miles through this State.
This is a regulation of internal police, and not a regulation of commerce. 90 Ga. 396. SEC. 422. Any person who shall pursue his business, or the work Sunday labor
forbidden. of his ordinary calling, on the Lord's Day, works of necessity or charity only excepted, shall be guilty of a misdemeanor.
A contract for labor, made on Sunday, and afterwards performed by the laborer, can be enforced. 44 Ga. 541.