XVII. LIABILITY OF EMPLOYERS TO EMPLOYÉS (_Continued_)

In our last lecture we stated some of the principles relating to the

liabilities of employers to their employés; in this lesson the subject

will be continued. _An employer is bound to use some care or

precaution, and if he does not will be responsible for his neglect._

One of these is he must employ persons who are fit for the work they

are set to do. If an employer in mining should put a man to work by

the side of another to mine coal who he knew was not a skilful

workman, and, in consequence of this unskilful workman's

unskilfulness, other miners were injured, he would be responsible for

hiring such a man. Every one will see the justice of this rule.

_The employer must also give proper instructions to the person

employed whenever he does not understand his duties._ If a person is

employed to run a laundry machine who does not understand how to work

it, and other employés are injured through his ignorance, the employer

would be liable. He must, therefore, tell such a person what to do; he

has no right to hazard the lives of others by putting any one who has

no knowledge of a machine to work without instructing him properly.

Again, if a person pretends to be capable, and the employer,

believing him, engages him, and it is soon found out that he is not,

then it is the duty of the employer either to dismiss him or to give

him proper instructions. The rule, however, on this subject is not the

same everywhere. It is sometimes said that if an employé continues to

work by the side of another after knowing that this other is

incompetent, it is his duty to give notice to the employer, and if the

employer continues to employ him, to quit. If he does not he assumes

the greater risk arising from his knowledge of the incompetency of the

other.

_It is the duty of the employer to furnish proper appliances for his

workmen._ He must furnish proper tools and machinery and safe

scaffolding, and in every respect must show a reasonable degree of

care in all these particulars. But the courts say that he is not

obliged to exercise the _utmost_ care, because the employé takes on

himself some risk with respect to the tools and machinery he uses. For

example, it is said that employers are not obliged to use the latest

appliances that are known or appear in the market for the use of their

workmen. If an employer has an older one that has been in use for

years, and the employés have found out all the dangers attending its

use, and a new one appears that is less dangerous to use, the law does

not require the employer to throw the older one away and get the

other. It is true that in many States within the last few years

statutes have been passed by the legislatures requiring employers to

be much more careful than they were formerly in protecting their

machinery. Many injuries have happened from the use of belting, and

the statutes in many cases have stated what must be done in the way of

enclosing belts, and of putting screens around machinery, and in

various ways of so protecting it that persons will be less liable to

suffer. Furthermore, inventors have been very busy in inventing

machinery with this end in view. The old-fashioned car-coupler was a

very dangerous device, and many a poor fellow has been crushed between

cars when trying to couple them. A coupler has been made in which this

danger no longer exists; in truth, there has been a great advance in

this direction.

_An employer must also select suitable materials on which to work._

This is a well-known principle. If he does not, then he is responsible

for the consequences. In one of the cases a person was injured while

erecting a scaffolding from the breaking of a knotty timber. The

testimony was that the knot was visible on the surface and if the

stick had been examined the defect would have been seen. That seemed a

slight defect, surely, but the consequence of using the timber was

very serious, and the court rightly held that as this defect could

have been seen, had the timber been properly examined, the employer

was responsible for the injury to a workman who was injured by the

breaking of it.

_An employer must also select suitable places for his employés._ In

one of the cases a court said a master does not warrant his servant's

safety. He does, however, agree to adopt and keep proper means with

which to carry on the business in which they are employed. Among these

is the providing of a suitable place for doing his work without

exposure to dangers that do not come within the reasonable scope of

his employment. In one of the cases a company stored a quantity of

dynamite so near a place where an employé was working that he was

killed by its explosion. The court held that it was negligence on the

part of the company in requiring its employé to work so near the place

where this explosive material was kept.

It is said that if an employé knows that a machine which he is to

operate is defective when accepting employment he can recover nothing

for the consequences. He assumes the risk whenever he thus engages to

work. If the service be especially perilous and yet he clearly

understands the nature of it and is injured when performing it, he can

get nothing. Doubtless in many of these cases he is paid a larger sum

for working under such conditions. Whatever may be the truth in this

regard, the principle of law is well understood that, if he has a full

knowledge of the risk of his situation and makes no complaint about

the nature of the machinery that he is to operate, he accepts the

risks, however great they may be. In one of the cases an employé was

injured by the kick of a horse belonging to his employer, but he

recovered nothing, because he understood the vicious nature of the

animal. The horse had kicked others; in fact, its reputation for

kicking was well known, and the employé began work with his eyes wide

open.

This rule also applies if tools, machinery, etc., become defective and

the employé continues to work after the defects are found out. Of

course, every one knows that tools wear out and machinery becomes

weaker, and that is one of the natural consequences of using them. And

so it is regarded as one of the risks ordinarily taken by an employé,

and therefore he can get nothing whenever he is injured through the

operation of a defective machine caused by the natural wear and tear

of time.

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