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Show 1 BROAD EMPLOW l lilLf Bill K Measure Jntrodnccd in House fit m 1 a,,( donate to Meet Recent y m Decision of Court. :1 1 RECOGNIZES DOCTRINE OF 1 COMPARATIVE NEGLJGENCE H E thors of Bil1 Say T,ie-V Hare l? K Indorsement of Trainmen for k Modifications 3Inde. ''jficrr WASHINGTON, Feb. 3o. A comprc-'JH comprc-'JH heDfiv employers liability hill "was ln-v ln-v Kj jroduced in the Senate and House to- U fej- by Senator, Ln Follettc of Wiacon-' Wiacon-' j W !'n an'fl 0Prcsenwtivo Sterling of Jlli- lfc noi. Tnc authors say the bill has the indorsement of the Brotherhood of Lo-''J Lo-''J mf eouiotive Engineers, Brotherhood of Lo-1 Lo-1 comotivo Firemen and Engiucmcn and f Brotherhood of "Railroad Trainmen, and ti f is intended to meet the recent decision UH & of the Supreme Court by which the cm--V ji ploycrs liability act; of June JJ, IflOG, ' ?' ivas declared unconstitutional. M. f Extending Liability. 55 v Every eommou carrier -while engaged v'i in interstate or foreign commerce, or jrt I ' commerce between the possessions of tho United States is made liable to its 1 ji employees who arc injured while cm-' cm-' ployed in such commerce, when such in- Y juries arc due to the negligence or mis-Jgj? mis-Jgj? management of any .officer or employee 1 if of such carrier, or when due to defects i c or insufficiencies in equipment. This IP Si' provision is made equally applicable to h carriers in the Territories, tho District I of Columbia and the Panama canal zone y ? 3nd carriers rngagud in the transporta-iV transporta-iV tion of the United Statos mails. .'I t The bill jeeognizcs the doetrlno of injj 8. "comparative negligence" as it i4 now flH recognized in the States of Wisconsiu, fill I South Dakota, North Dakota. Nebraska, '1 Nevada, Georgia and Florida, and in ; I the act of Congress, which was declared J! $ unconstitutional. It permits an cm-jjlj cm-jjlj pjo3'ce to recover damages if he has ! . ft been cuilly of contributory negligence, lSPO? ft nllt says tno -iury s"" diminish the i damatrea in accordance with t.be amount 11m negligence they may find 3a attri-" attri-" i! f! hutable to such employee. I Ecstricttous Provided. ii3 '" is provided also that an iujured Ge?i cmployoo snail nnt be hold to be guilty t'.fS tt "f contributory negligence in any case theB ero tne violation of Jaw by the car- . - fj "cr contributed to sucli injury: also that 'J'. k (tucstious of fact relating to negligence ltttil 'f shall be for the .iur" to determine, luiflfr In the ovcut of a. verdict iu favor of difil the cinplovce. it is required that the court shall allow as part of the costp, infdii a reasonable attorney fee, not exceed- 5 f ing an amount cual to 23 per cent of OK judgnicnt recovered, and an additional ,diH Tfe equal to o per cent of the amount tjiij i fmallj' recoveved for each appeal. It is y,K'i niade a misdemeanor, punishable by co iinc, not excocding $1000, or imprison-5l6'l4l imprison-5l6'l4l i men't noc to exceed six months for an of Zi ' attorno- to ftxact or 1-cccivc any ice nt ant or compensation other than or addition-in, addition-in, pay: if al to tho amounts ao allowed by tho ifebip-Vl r courts. ' ic'fiin injured employoe shall not be i -rt held to have assumed the risk of his QtDl cmploymont in any caso where the vio-idoptSi vio-idoptSi 'lat'on of law by the carrier contributed dlio'fl nfi se,liion ot" np J" ''fispor.ially gi j,f ''Jnado,, void any contract, rule or any nanr 1 device whatsoever, the purpose of ' which is to exempt the carrier from lia- wJt Joility under the act. The statute of iiitflr'j limitations within which suit can be mi of I WonEhfc is fixed at three years. Iiftii Kccoivors of common carriers are J mb finodc equally liable to their employeiR - lr' 'i15 are ,ue (-"oinino11 carriers. The final ;er i, section protects suits which hnve been i roilEnt in the Territories and tho Dis-miCr Dis-miCr Strict of Columbia under the act of Juno ml!,. 31, 100G, it being coutouded by tho cm- jployocs that that' act. is still "intact in. T1- f "those jurisdictions. |