George William Wilshere Bramwell

“ No one can doubt that the unpleasantness and risk of a miner's work add to his wages. Put sixpence out of his daily wage of five shillings as being on account of that risk, a sum which he may save or use as a premium of insurance. What is the proposal of those who would make the employer liable but this, that the servant shall keep the premium in his own pocket and yet treat his master as the insurer. ”

“ I do not know that it is necessary to define or describe a servant. Shortly, the relation of master and servant exists where the master can not only order the work, but how it shall be done. When the person to do the work may do it as he pleases, then such person is not a servant. Next, the servant must be acting within the scope of his employment. If my coachman takes my carriage and horses to give his wife a ride and is guilty of negligence causing damage, I am not liable. ”

“ It is not enough he is employed, if not as a servant. If I employ my servant to pull down a wall, and by his negligence he injures a passer-by, I am liable. If I employ a firm of builders to do it, I am not liable. ”

“ I cannot suppose anything so outrageous, and proceed to consider what will follow if the liability is optional, but to exist where the parties have not agreed to the contrary. Every prudent employer of labour will immediately draw up a form to be signed by his workmen, that the master shall not be liable for a fellow servant's negligence. ”

“ How rarely does an accident happen to the workman without mischief to the master and without an appeal to his charity. Further, I ask, would the workmen like that system which has prevailed in some employments, and to which the masters would be obliged to have recourse, viz., not employing a workman unless he produced a certificate of competency and fitness from his former employer? ”

“ And even if the law were made obligatory, in spite of bargains to the contrary, it would not profit the servant. Because it is certain there is a natural rate of wages, one fixed by what neither master nor man can control, and that if they are practically added to one way, they will be taken from in another. If a manufacturer's wages now are £10,000 in the year, and he is made to pay compensation to the amount of £1,000 a-year, his wages will fall to £9,000. ”

“ Those who propose to make a law, in truth propose to alter what exists, and should give a good reason for the change in all cases. But most certainly should they do so when the new law is proposed on account of some alleged hardship or anomaly in the old law. ”

“ Still further, if some good would be done in this way, would there not be more mischief in another? Every one knows the recklessness bred by familiarity with danger. The man who would not open his lamp in a mine at first, will do so after a time. Another thing. It is a respectable feeling, though mistaken, which prevents servants doing what they call "split" on each other. The consequence being, that negligence leading to danger by one workman is concealed from the master by the others. Now I do not say that workmen will injure themselves for the sake of compensation ”

“ If the master, by an act of omission fails in his duty to a servant, he is liable, whether the failure was in himself personally, in his manager, or other agent. If the injury arises from an act of commission, then the reasoning I have used is applicable. Let the actual wrong-doer be responsible. No servant is bound to obey a command attended with danger. ”

“ I am liable if damage ensues. Another reason ironically given, but which has great practical effect is, that the master is liable because he is a competent paymaster, while the servant usually is not. There is another reason which exists in fact; whether good or bad, is another matter. A man is walking on the Queen's highway and run over by my servant. ”

“ But is it just or reasonable that for this small good masters should be made liable to the extent intended. That to prevent one accident through careless hiring of an incompetent fellow workmen, the master should pay a thousand compensations where he has done his best to get careful men. ”

“ For example, if the contract of carriage was from London to Inverness, and part of the journey was in the carriages and with the servants of a Scotch railway company, the first company would be liable on their contract that due care should be used throughout. ”