William R. Day

“ The fact that the negligence of a fellow servant is more likely to be a cause of injury in the large establishments, employing many in their service, and that assumed risk may be different in such establishments than in smaller ones, is conceded in argument, and, is, we think, so obvious that the state legislature cannot be deemed guilty of arbitrary classification in making one rule for large and another for small establishments as to these defenses. ”

“ Every employer who employs five workmen or more regularly in the same business or in the same establishment, who pays into the fund in accordance with the requirements of the act, is not liable to respond in damages at common law or by statute, save as in the act provided, for injuries or deaths of any such employees, provided the employees remain in the service with notice that the employer has paid into the state insurance fund the premiums required by the act. ”

“ That a law may work hardship and inequality is not enough. Many valid laws, from the generality of their application, necessarily do that, and the legislature must be allowed a wide field of choice in determining the subject-matter of its laws, what shall come within them, and what shall be excluded. Classifications of industries with reference to police regulations, based upon the number of employees, have been sustained in this court. ”

“ For that purpose the employments are classified by the state liability board of awards, with reference to their degree of hazard and risk, and rates of premiums fixed, based upon the total payroll and number of employees in each of the classes of employments, the purpose being to establish a fund adequate to provide for the compensation required in the act, and to create a surplus sufficiently large to guarantee a state insurance fund from year to year. ”

“ If a line is to be drawn in making such laws by the number employed, it may be that those very near the dividing line will be acting under practically the same conditions as those on the other side of it ”