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Session 16287: 1910-12-05 09:30:00

The Convention passes Substitute Proposition Number 8 and Propositions Number 54, 88, and 72.

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Proposition Number 88 - Employer's Liability

(Showing state at moment e946332)
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IT IS HEREBY PROPOSED:

Section 1. The Legislature shall enact, to protect the safety of employees in all hazardous occupations in mining, smelting, manufacturing, railroad or street railway transportation, or any other industry, an employer’s liability laws, which shall make any employer, whether individual, association, or corporation, liable for the death or injury of any employee in the service of such employer in such a hazardous occupation in all cases in which the death or injury of such employee by accident due to a condition or conditions of such industry shall not have been caused wholly by the negligence of the employee killed or injured.

Section 2. The defense of "contributory negligence" permitted by statute or by any court in such cases shall be matter of determination by a jury, who shall decide to what extent damages shall be allowed in proportion to any degree of negligence, less than complete and wilful negligence, provided that whenever any defense of contributory negligence is alleged, the presumption shall be that there has been no contributory negligence on the part of the person killed or injured, and the burden of proof of the alleged contributory negligence shall be upon the defendant.

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