CHAP, 178.

CHAPTER 178.

OF COMPENSATION TO THE FAMILIES OF
PERSONS KILLED BY ACCIDENT.

1. This Chapter may be cited as "The Fatal Injuries' short title. Act."

2. In this Chapter, unless the context otherwise Interpretation. requires,

(a) the expression "parent" includes father, mother, "Parent."
grand-father, grand-mother, step-father, and step-

mother;

(b) the expression "child" includes son, daughter, "Child."
grand-son, grand-daughter, step-son, and step-
daughter;

(c) the expression "jury" includes judge, in the case "Jury."
of an action being tried by a judge without a jury ;

66

(d) the expression verdict" in such case includes "Verdict." judgment. R. S., c. 116, s. 5.

caused by wrong

party who would

to action for

continue to be

3. Where the death of a person has been caused by Where death is such wrongful act, neglect, or default of another as would ful act of another (if death had not ensued) have entitled the person injured have been liable to maintain an action and recover damages in respect damages at suit thereto, in such case, the person who would have been of deceased, shall liable if death had not ensued shall be liable to an action liable. of damages, notwithstanding the death of the person injured, and although the death has been caused under such circumstances as amount in law to a crime. 116, s. 1.

R. S., c.

of executor.

4.-(1.) Such action shall be brought by, and in the Action in name name of, the executor or administrator of the person deceased.

(2.) If there is no executor or administrator, or if or wife, husband, parent, there is an executor or administrator and no action has or child, if no been brought under the provisions of this Chapter within executor. six months after the death of such person by and in the name of such executor or administrator, such action may be brought by and in the name or names of the wife, husband, parent, or child of such person, or any of them.

shall be for

tives of deceased

5. Every action brought under the provisions of this such actions Chapter shall be for the benefit of the wife, husband, benest of rela parent, or child of such deceased person; and the jury' may give such damages as they think proportioned to the injury resulting from such death to the persons respectively for whose benefit such action was brought; and the Measure and amount so recovered, after deducting the costs not damages.

disposal of

CHAP. 179. recovered (if any) from the defendant, shall be divided among such persons, in such shares as the jury by their verdict find and direct. R. S., c. 116, s. 2.

Plaintiff shall deliver certain particulars.

Money paid into

court may be

6. In every action the plaintiff on the record shall set forth, in his statement of claim, or deliver therewith to the defendant, or his solicitor, full particulars of the person or persons for and on behalf of whom such action was brought, and of the nature of the claim in respect to which damages are sought to be recovered. R. S., c. 116, S. 4.

7. If the defendant pays money into court, he may paid in one sum pay it as a compensation in one sum to all the persons without regard entitled thereto under this Chapter, without specifying the shares of the several persons.

to shares.

Defendant to

have judgment

8. If any sum paid into court is not accepted, and an on issue if money issue is taken by the plaintiff as to its sufficiency, and the jury thinks the same is sufficient, the defendant shall be entitled to the verdict upon that issue.

is sufficient.

Where compen

sation not appor-. tioned judge

may apportion

9. In all cases where, for any reason, the compensation is not apportioned among the several persons entitled and dispose of under this Chapter, a judge may apportion the same, and dispose of the costs of the application and inquiry as he thinks just.

costs of appli

cation.

10. Not more than one action shall lie for and in respect to the same subject-matter of complaint, and every such action shall be commenced within twelve months after the death of the deceased person. R. S., c.

116, s. 3.

Short title.

Interpretation.

" 'Superintendence."

"Employer."

CHAPTER 179.

OF THE LIABILITY OF EMPLOYERS FOR INJURIES
TO WORKMEN.

1. This Chapter may be cited as "The Employers' Liability Act." 1900, c. 1, s. 1.

2. In this Chapter, unless the context otherwise requires,

(a) "superintendence" means such general superin-
tendence over workmen
as is exercised by a
foreman, or a person in
a person in a like condition to a
foreman, whether a person exercising superintend-
ence is, or is not, ordinarily engaged in manual
labour:

(b) "employer" includes a body of persons, corporate
or unincorporate, and also the legal personal

3.

representatives of a deceased employer, and the CHAP. 179. person liable to pay compensation under the

provisions of this Chapter;

(c) "workman" does not include a domestic or menial “Workman.” servant, but save as aforesaid, means any railway servant, and any person who, being a labourer, journeyman, artificer, handy-craftsman, miner, or otherwise engaged in manual labour, whether under the age of twenty-one years, or above that age, has entered into or works under a contract with an employer, whether the contract was made before or after the thirtieth day of March, 1900, and whether such contract was expressed or implied, oral, or in writing, and was a contract of service or a contract personally to execute any work or labour; (d) "railway servant" includes a railway servant, "Railway sertramway servant, and street railway servant. 1900, c. 1, s. 2.

vant."

Right to com

pensation and

personal injury

Where personal injury is caused to a workman,
(a) by reason of any defect in the condition or remedies, when
arrangement of the ways, works, machinery, caused by negli
plant, building, or premises connected with, or omissions, &c.
intended for, or used in, the business of the

employer; or
(b) by reason of the negligence of any person in the
service of the employer who has any superintend-
ence entrusted to him while in the exercise of
such superintendence; or

(c) 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

(d) 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
the employer, or by any person delegated with the
authority of the employer in that behalf; or
(e) by reason of the negligence of any person in the
service of the employer who has the charge or
control of any points, signal, locomotive, engine,
machine, or train upon a railway, tramway, or a
street railway;

the workman, or in case the injury results in death, the
legal personal representatives of the workman, and any

gence, defects.

CHAP. 179. person entitled, in the case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of, nor in the service of, the employer, nor enagaged in his work. 1900, c. 1, s. 3.

Compensation where work has

4. (1.) Where the execution of any work has been been carried in carried into effect under any contract; and,

to effeet under

contract.

Proviso.

Cases where workman or legal

(a) the person for whom the work, or any part thereof is done, owns or supplies any ways, works, machinery, plant, buildings, or premises used for the purpose of executing the work; and,

(b) by reason of any defect in the condition or arrangement of such ways, works, machinery, plant, buildings, or premises, personal injury is caused to any workman employed by the contractor, or by any sub-contractor; and,

(c) the defect, or failure to discover or remedy the defect, arose from the negligence of the person for whom the work, or any part thereof is done, or of some person being in his service, and entrusted by him with the duty of seeing that such condition or arrangement is proper;

the person for whom the work, or that part of the work, is done, shall be liable to pay compensation for the injury as if the workman had been employed by him, and for that purpose be deemed to be the employer of the workman within the meaning of this Chapter: Provided always, that any such contractor, or sub-contractor shall be liable to pay compensation for the injury as if this section had not been enacted, so, however, that the double compensation shall not be recoverable for the same injury.

(2.) Nothing in this section contained shall affect any rights or liabilities of the person for whom the work is done, and the contractor and sub-contractor (if any) as between themselves. 1900, c. 1, s. 4.

5. A workman, or his legal representatives, shall not representative be entitled under this Chapter to any right of compensation titled to com or remedy against the employer in any of the following

shall not be en

pensation or

remedy under

this Chapter.

cases :

(a) where personal injury is caused to such workman. by reason of any defect in the condition or arrangement of the ways, work, machinery, plant, building, or premises of the employer, unless such defect was not discovered or remedied owing to the negligence of the employer, or of some person entrusted by him with the duty of seeing that such condition or arrangement is proper;

(b) where personal injury is caused to such workman CHAP. 179.
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
the employer, or by any person delegated with the
authority of the employer in that behalf, unless
the injury resulted from some impropriety or defect
in such rules, by-laws, or instructions: Provided,
where a rule or by-law has been approved, or has
been accepted as a proper rule or by-law by the
Governor and Council, or under and pursuant to
any provision in that behalf of any statute in
force in the province, it shall not be deemed for
the purposes of this Chapter to be an improper or
defective rule or by-law;

(c) in any case where the workman knew of the
defect or negligence which caused his injury, and
failed, without reasonable excuse, to give, or cause
to be given within a reasonable time, information
thereof to the employer, or some person superior
to himself in the service of the employer, unless he
was aware that the employer, or such superior,
already knew of the same defect or negligence :
provided, however, that such workman shall not,
by reason only of his continuing in the employ-
ment of the employer, with knowledge of the
defect, negligence, act, or omission, be deemed to
have voluntarily incurred the risk of the injury.
1900, c. 1, s. 5.

of compensation

6. The amount of compensation recoverable under this Limit to amount Chapter shall not exceed either such sum as is found to be recoverable. equivalent to the estimated earnings during three years preceding the injury of a person in the same grade employed during those years in the like employment, or the sum of fifteen hundred dollars, which ever is larger and such compensation shall not be subject to any deduction or abatement by reason, or on account, or in respect of, any matter or thing whatsoever, except as is specially provided in this Chapter. 1900, c. 1, s. 6.

tain cases

of

7. Where, in any action under this Chapter, compensa- Division in certion is awarded in the case of the death of a workman for amount of compensation recovan injury sustained by him in the course of his employ-ered. ment, the amount recovered, after deducting the costs not recovered from the defendant, may, if the court or judge before whom the action is tried so directs, be divided between the wife, parent, and child of the deceased in such