McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
One decision of Judge Taft's on a highly important labor question has
been generally overlooked and deserves mention. The interests of
labor in the law are not confined to strike questions. Its rights
in peace are no less important than in war. The working people are
deeply interested in the enforcement of laws which protect them
against unnecessary dangers in employment. The position of Judge Taft
on this important question is best shown by the contrast made by
one of his decisions (Narramore vs. C., C., C. & St. Louis Railroad
Co.) with the leading case in New York on the same subject. Both of
these cases involve statutes directing employers to furnish certain
specific protection for the safety of employees. In both cases the
employer failed to obey the law which required the furnishing of that
protection. The New York Court of Appeals decided that notwithstanding
the statute, if the employee _stayed at work_ knowing that the
employer had not obeyed the law, and knowing the danger created by the
employer's failure to obey the law, by the mere fact of his remaining
at work, the employee assumed as a matter of law the risks of being
injured and could have no claims against the employer for injuries so
sustained. This construction obviously makes the protective statute a
dead letter and absolutely worthless.
Judge Taft, in a case in which this same reasoning was advanced, and in
which the decision of this New York Court of Appeals was cited as an
authority, refused to follow it and rendered a decision which leaves
full vitality to protective legislation. The case was one in which a
railroad company had failed to obey the law which required it to fill
or block frogs and furnish guard rails on their tracks. The plaintiff,
a railway employee, kept at work, knowing that the frogs were not
blocked, and was hurt through the absence of the protection which the
statute required the railroad to furnish him. He had a verdict from
the jury, the railroad appealed, and its lawyer, Judson Harmon, argued
that the verdict should be set aside because the man had kept at work
knowing the railroad's violation of the law, and had therefore by legal
implication contracted with the railroad to take all the chances of
being hurt. Judge Taft refused to follow the New York case, declaring:
The only ground for passing such a statute is found in the
inequality of terms upon which the railroad company and its
servants deal in regard to the dangers of their employment.
The manifest legislative purpose was to protect the servant by
positive law, because he had not previously shown himself capable
of protecting himself by contract, and it would entirely defeat
its purpose thus to permit the servant to contract the master out
of the statute.
Public-domain text, read in full here on John Shaqi.
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