Evidence And Arguments Before the Committee On the Judiciary On the Subject of Regulating the Liability of Employers, in Cases of Accidents to Their Operatives Through the Carelessness of Fellow-Employees. Commonwealth of Massachusetts, No. 326

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Mr. Allen. That is what you propose to make here for the employer ; you propose to make a statute that will make him liable. I don't see why that does not answer Mr. Cummings perfectly. To-day, if there is a defect in any sidewalk in Boston, you may take your option whether to sue the city or to proceed against the owner of the premises. The owner is liable the same as a fellow servant, and yet the law permits us to sue either him or the city ; we can take our choice.
1885.] HOUSE — No. 326. 37
... Mr. CuMMiNGS. This judge-made law, I suppose, is based a good deal upon the theory that travellers have peculiar rights.
They are given peculiar rights by statute, if they travel on the highway ; and by the theory of the common law they are given peculiar rights if they are carried for hire on railways or other- wise. It seems to me the principle is not exactly the same.
Mr. Allen. Don't you think a man who is at work faith- fully for another ought to have the same protection as if he was walking idly along the street?


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