Churchill, Randolph Henry Spencer, Lord, 1849-1895
The Employers’ Liability Bill afforded the new confederacy a wide and
fertile field for their exertions. The law, as it had been formed by
judicial decisions, was, according to modern ideas, strangely harsh upon
the workman. The employer was liable for any injury done to third
parties by the negligence of his servants but not for injuries done by
one servant to another. If, for instance, there occurred at his mills an
explosion which killed and wounded both outsiders and his own workmen,
the employer might be sued for damages in respect of person or property
by the outsiders or their representatives, but injured fellow-workmen
had no legal claim because they were in what was called ‘common
employment.’ Complaint against this anomaly had been loud and long. Two
extreme remedies were proposed by the respective interests. On the one
hand, the employers desired to be free from all liability for injuries
done, except by themselves personally; on the other, the workmen
demanded the abolition of the doctrine of ‘common employment’ and an
assertion of the consequent liability of the employer to all alike. A
Bill had been introduced in the preceding Parliament by Mr. Brassey, a
private member, which proposed a middle course. It sought to extend the
liability of the employer by nullifying the plea of ‘common employment’
whenever the injury was caused by a defect in the machinery, by the
negligence of an authorised superintendent, or as the result of
obedience to the employer’s rules or bye-laws. When the new Ministers
assumed office the session was already advanced; and under a hasty
necessity for providing a certain legislative pabulum for the activities
of Parliament, the Government adopted, with very scanty examination, Mr.
Brassey’s Bill. The complications in which this plan involved them were
numerous. It had not originated in the great departments of the State
and was, both in principle and drafting, an amateurish suggestion which
might, indeed, sound very plausible and accommodating; but which had not
been clearly thought out in a scientific spirit with the advantages of
official information. No division was taken upon the second reading; but
the debate aroused the Ministers in charge of the measure to the
consciousness that they were committed to a confused and ill-considered
proposal. It was necessary to move that the Bill should be re-committed,
and before it reappeared it was almost entirely rewritten. Its general
character as a compromise was, however, preserved.
Public-domain text, read in full here on John Shaqi.
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