Summary

Mahlon Pitney Hawkins v. Bleakly — Opinion of the Court

All employers are treated alike, and so are all employees; and if there be some difference as between employer and employee respecting the inducements that are held out for accepting the compensation features of the act, it goes no further than to say that, if neither party is willing to accept them, the employer's liability shall not be subject to either of the several defenses referred to.
Source: Wikisource

Mahlon Pitney Hawkins v. Bleakly — Opinion of the Court

The main purpose of the act is to establish, in all employments except those of household servants, farm laborers, and casual employee a system of compensation according to a prescribed schedule for all employees sustaining injuries arising out of and in the course of the employment, and producing temporary or permanent disability, total or partial, and, in case of death resulting from such injuries, a contribution towards the support of those dependent upon the earnings of the employee
Source: Wikisource

Mahlon Pitney Hawkins v. Bleakly — Opinion of the Court

But where the employee rejects it and the employer accepts it, then, by § 3b, 'the employer shall have the right to plead and rely upon any and all defenses including those at common law, and the rules and defenses of contributory negligence, assumption of risk and fellow servant shall apply and be available to the employer as by statute authorized unless otherwise provided in this act;' with a proviso not material to the present point.
Source: Wikisource

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