A Treatise on the Law of the Employers Liability Acts of New York, Massachusetts, Indiana, Alabama, Colorado, and England (Classic Reprint)

Excerpt from A Treatise on the Law of the Employers Liability Acts of New York, Massachusetts, Indiana, Alabama, Colorado, and England
The New York Employers' Liability Act of 1902 is the fifth statute of this nature enacted in the United States. Massachusetts, Alabama, Indiana and Colorado have also Employers' Liability Acts. The English act of 1880 is still in force; but since the passage of the Workmen's Compensation Act, 1897, the Employers' Liability Act of 1880 has been very little resorted to.
The purpose and effect of all the Employers' Liability Acts are to extend the common-law rights of employees and the liability of employers for personal injuries suffered by employees. Several classes of persons for whose negligence causing injury to a coemployee the common employer was not liable at common law because they were fellow servants, are now under these acts "superintendents," or acting superintendents, or persons having the "charge or control," for whose negligence the common employer is liable in damages to an employee injured thereby.
The New York act of 1902, ch. 600, section 3, contains a new provision not found in the earlier acts concerning the defenses of assumption of risk and contributory negligence. It declares that the question of tho employee's "continuance in the same place and course of employment with knowledge of the risk of injury shall be one of fact."
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