A Treatise On The Federal Employers Liability And Safety Appliance Acts

Author : W. W. Thornton
Publisher :
ISBN 13 : 9781331171713
Total Pages : 472 pages
Book Rating : 4.1/5 (717 download)

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Download or read book A Treatise On written by W. W. Thornton and published by . This book was released on 2015-07-11 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Treatise On: The Federal Employers' Liability and Safety Appliance Acts The provisions and scope of the Federal Employers' Liability Act of April 22, 1908, are but little known to the average lawyer. It is a very important statute, giving a remedy to employees of common carriers by railroad when injured while engaged in interstate commerce where none before existed. All questions of fellow servant in such instances are wiped out at one sweep of the legislative pen; and all questions of contributary negligence are so modified as to allow a recovery without stating the negligence of the employee did not contribute to his injury - the sole question being the amount of his recovery. These are far-reaching provisions. The provision concerning contributary negligence introduces the law of Comparative Negligence as, in a measure administered under the provisions of the Code of Georgia, and, in a measure, as administered in the State of Illinois. In only two states of the Union is the law of Comparative Negligence known to the legal profession. But the rule prevailing in the law of Admiralty concerning contributory negligence more closely approaches the rule concerning the apportionment of damages provided for in this Federal Statute. The decisions in these two states have been examined and cited, and their respective bearings noted. It is believed that this will be of value to the profession. The Federal Automatic Coupling Act or Safety Applicance Act has not been separately nor adequately treated in any work, although it has been in force over fifteen years. It is of paramount importance to railroad companies engaged in Interstate Commerce, as well as employees injured by reason of the failure of such companies to comply with its provisions with respect to the equipment of their cars. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.