RAILWAY MAN AGUES AND EMPLOYES. 585 



few remarks as to some of the troubles that are constantly arising 

 under current methods : 



By the laws of many of our States, railroads are held legally liable 

 for physical damage to their employes, though resulting from causes 

 beyond the reasonable control of executive management ; and the dis- 

 bursements of those railroads whose lines traverse States in which pub- 

 lic sentiment or the laws are at all hostile, on account of donations, 

 judgments, costs, etc., for injuries to employes, form heavy and ever- 

 increasing items in their operating expenses. In England a workman 

 (in railroad or other hazardous service), when injured, or his legal per- 

 sonal representative in case the injury results in death, has the same 

 right of compensation and remedies against the employer as if he had 

 not been a workman, nor engaged in the service of the employer, 

 though there the law is carefully discriminating, and is effective only 

 when the injury is caused : 



1. By reason of any defect in the condition of the ways, works, 

 machinery, or plant connected with or used in the business of the em- 

 ployer ; or 



2. By reason of the negligence of any person in the service of the 

 employer who has any superintendence intrusted to him while in the 

 exercise of such superintendence ; or 



3. By reason of the negligence of any person in the service of the 

 employer to whose orders or directions the workman at the time of 

 the injury was bound to conform, and did conform, where such injury 

 resulted from his having so conformed ; or 



4. By reason of the act or omission of any person in the service of 

 the employer done or made in obedience to the rules or by-laws of 

 the employer, or in obedience to particular instructions given by 

 any person delegated with the authority of the employer in that be- 

 half ; or 



5. By reason of the negligence of any person in the service of the 

 employer who has the charge or control of any signal, points, locomo- 

 tive-engine, or train upon a railway. 



The workman has not the right of compensation nor any remedy 

 against the employer : 



1. Unless the defect causing the accident arose from, or had not 

 been discovered or remedied owing to, the negligence of the employer, 

 or of some person in the service of the employer, and intrusted by him 

 with the duty of seeing that the Avays, works, machinery, or plant were 

 in proper condition. 



2. Unless the injury resulted from some impropriety or defect in 

 the rules, by-laws, or instructions of the employer. 



3. In no case where the workman. knew of the defect or negligence 

 which caused his injury, and failed within a reasonable time to give 

 or cause to be given information thereof to the employer or some per- 

 son superior to himself, in the service of the employer, unless he was 



